Susan Sataline of The Wall Street Journal reports on the decision of the U.S. Court of Appeals for the Sixth Circuit in O'Brien v. Holy See (07-5078).
The court held the Holy See may be sued under the tortious act exception to the Foreign Sovereign Immunities Act [FSIA] where it is alleged bishops knew of sexual abuse by priests, failed to act on that knowledge, this failure caused the plaintiffs' damages, all while those bishops were employees of the Holy See. That is, if the plaintiffs can prove these allegations, the Holy See would be liable, and so the denial of the Holy See's motion to dismiss the plaintiffs' complaint was affirmed.
Plaintiffs allege sexual abuse in the 1970s, 1960s, and 1920s.
The plaintiffs' complaint includes allegations regarding the Instruction on the Manner of Proceeding in Cases of Solicitation, approved by Pope John XXIII March 16, 1962.
(via SNAP Network)