TVA ST - Knoxville News Sentinel

2. Acting under color of law and pursuant to official office policy or customs,
Defendants (as well as Superintendents, employees and agents at the TVA plant)
knowingly, recklessly and callously disregarded Plaintiffs’ rights, failed to instruct, failed
to monitor, failed to properly supervise or control on a continuing basis and unlawfully
failed to warn or protect Plaintiffs, regarding the inherent dangers of this situation,
thereby exhibiting an irrational governmental (or quasi-governmental) action or
governmental (or quasi-governmental) decision-making process and therefore violating
the rights, privileges, and immunities guaranteed to Plaintiffs by the United States
Constitution and the laws of the state of Tennessee, and otherwise depriving Plaintiffs
of their constitutional and statutory rights, privileges and immunities.
3. Defendants (CEO, Board, Site Supervisors, sub Supervisors, etc.) had
knowledge, or, had they diligently exercised their duties to supervise, inspect, control on
a continuing basis, knew or should have had knowledge, that the wrongs which
occurred as heretofore alleged were reasonably likely to occur. That the Defendants
had power and ability to prevent the said wrongs, could have done so by reasonable
diligence, and knowingly, recklessly, and with callous disregard, conspired to not give
the Plaintiffs warning or notice of the possibility of the impending environmental disaster
or to take necessary actions to prevent the disaster.
4. Defendants TVA, et al, directly or indirectly, under color of law, supervised,
directed, approved or ratified the deliberate, reckless and wanton disregard of its
Directors, Board of directors, supervisors and agents as heretofore described.
5. TVA possessed or reasonably should have possessed knowledge and data
which indicated that the retention pond was subject to collapse or breach. TVA was
aware or reasonably should have been aware, of similar problems with other locations
similarly situated. TVA failed to take reasonable and proper corrective or preventative
measures to address the danger of this situation, particularly in light of their knowledge
of predecessor disasters.
6. As a direct and proximate cause of the acts of the Defendants as set forth in
this Complaint, Plaintiffs suffered loss of income, destruction of property or damage to
property value, potential future medical expenses, loss of future income, loss of
commercial access to their properties, severe mental anguish and a loss of the right to
enjoy life in connection with the deprivation of their constitutional and statutory rights
guaranteed rights by the fourteenth amendment of the US Constitution of the United
States and protected by 42 U.S.C 1983.
7. Further, in light of the egregious conduct by the Defendants, Plaintiffs request
that punitive sanctions be assessed to the Defendants, pursuant to statute.
Wherefore, pursuant to 42 U.S.C. 1983, Plaintiffs demand judgment against
Defendants, jointly and severally, individually and in their official capacities for
compensatory damages of $15,000,000.00 (Fifteen Million Dollars), and further
demands, against the Defendants, jointly and severally, individually and in their official
capacity, punitive damages in the amount of $150,000,000.000 (One Hundred and Fifty
Million Dollars) plus all costs of this action and such other and further relief as this Court