U.S. District Judge Todd Campbell Rejects Lawsuits Against Corps of Engineers

Personal Life

Todd J. Campbell was born in Rockford, Illinois in 1956. He graduated with a B.A. from Vanderbilt University in 1978 and earned his J.D. from the University of Tennessee College of law in 1982. From 1982 to 1993, Campbell worked in private practice in Nashville, TN. From 1987 to 1988, he served as the deputy campaign manager for legal affairs and treasurer of Al Gore's presidential campaign committee. Campbell also had the privilege of working as a legal counsel to the personnel department during Bill Clinton and Al Gore's 1992-1993 presidential transition. By 1993, Campbell served as Gore's Deputy Counsel and director of administration. From 1993 to 1995, Campbell worked as Counsel to Gore and director of administration. The attorney then worked briefly in private practice in Nashville in 1995.


President Bill Clinton appointed Campbell to a seat on the United States District Court for the Middle District of Tennessee on June 27, 1995. On December 22, 1995, the United States Senate confirmed the judge and he received his commission on December 26, 1995.

U.S. District Judge Todd Campbell Dismissed Lawsuits Against the U.S. Army Corps of Engineers

On Thursday, February 28, 2013, U.S. District Court Judge Todd Campbell stated that A.O. Smith and the former Gaylord Entertainment, as well as other companies, cannot sue the federal government for the 2010 flood, which caused considerable damage to the Grand Ole Opry, Gibson and other Nashville based businesses. According to a Nashville Post article, “Federal judge tosses out big companies' flood suit,” the companies who were suing the Army Corps of Engineers for being incompetent in handling the heavy rains that affected the Cumberland River includes Nissan North America, Gibson Guitar, Verizon Communication and a number of insurance companies.

The Republic editorial, “Federal judge dismisses suits claiming Corps of Engineers negligence in 2010 Nashville flood,” explains that the companies blame the U.S. Army Corps of Engineers for not reducing water levels at the Old Hickory Dam before a rain storm flooded the area. Although the National Weather Service predicted the heavy rains, the corps responded too late when they opened the gates in an effort to avoid floodwater from spewing over the dam. The column claims that the flood killed twenty-six people and is responsible for two billion dollars worth of damages in Nashville.

A Nashville Post column reports that the government attorney's had debated that the corps was exempt from prosecution due to prior judgments. The plaintiffs contended that the corps could not be protected under immunity because Old Hickory Dam was not created to be a flood regulator. However, Campbell stated in his ruling that other courts have made it clear that the government is protected from floodwater destruction. The judge asserted that this was the case, “even in the context of a project that is not primarily or substantially related to flood control.” The plaintiffs' claim discussed that the corps were not prepared to battle the “forecasted historic storm event.” Campbell replied, “Nothing about that characterization (as opposed to calling it a ‘flood') changes the fact that the character of the water at issue herein was ‘flood waters' and the alleged actions and inactions were flood control efforts.”

The Republic article noted that Gaylord Entertainment Company (which has been bought out by Ryman Hospitality Properties) has reported an estimated $250 million in damage to the Opry as well as its convention center and hotel after the water saturated the property. The hotel has been closed since the devastation and the owner is currently renovating the building.

The Republic editorial mentions that Stephen Handler, a Justice Department attorney, disputed in court that the case against the corps should be exempt since the corps was protected from being prosecuted under the 1928 Flood Control Act. Judge Campbell ruled, “No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place.”

According to The Republic, attorney Robert Echols, who represented Nissan and Gibson as well as fourteen other plaintiffs, stated he was frustrated with Campbell's ruling. The attorney claimed, “We knew we were fighting an uphill battle because the law grants broad immunity to the government. I think it's hard to interpret the facts and not come to the conclusion that they sort of fell asleep at the wheel.” Echols did not reveal if he will appeal the case on behalf of his clients. The U.S. Army Corps office stationed in Nashville did not comment on this case.