''Doe v. Holy See'', 557 F.3d 1066 (9th Cir. 2009), was a lawsuit involving the

sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...

status of the

Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...

in relation to the

Catholic sexual abuse scandal in the United States There have been many lawsuits, criminal prosecutions, and scandals over sexual abuse by Roman Catholic clergy in the United States of America. The issue of child sexual abuse by Roman Catholic priests was first publicized in 1985 when a Louisia ...

. The threshold question of law in the case was whether the

Foreign Sovereign Immunities Act The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign nation ( ...

allows the

, a

sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined te ...

in international law, to be sued for acts of local Catholic

clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...

. U.S. District Court Judge Michael Mosman ruled that the Holy See cannot be held liable because there was no relationship of employment in the case. Jeff Anderson, attorney for the plaintiff, said he would appeal the decision. The case was finally dismissed in August 2013.

Case history

The lawsuit was brought in federal court in

Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...

; plaintiff John Doe alleged abuse by Father Andrew Ronan OSM in

Portland, Oregon Portland (, ) is a port city in the Pacific Northwest and the list of cities in Oregon, largest city in the U.S. state of Oregon. Situated at the confluence of the Willamette River, Willamette and Columbia River, Columbia rivers, Portland is ...

. This allegedly took place c. 1965 after Ronan was moved from Ireland after admitting abuse there. Doe alleged, inter alia, "that the Archdiocese and the Order were vicariously liable for Ronan’s abuse of Doe, and that ... the Holy See was vicariously liable for Ronan's abuse of Doe and for the negligent actions of the Archdiocese, the Order, and the Chicago Bishop, and that the Holy See was itself negligent in its retention and supervision of Ronan and in failing to warn of his propensities." The Holy See moved to dismiss the claims against it, invoking its immunity under the

. When the District Court rejected that motion, the defendant took an

interlocutory appeal An interlocutory appeal (or interim appeal), in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under s ...

. A divided

Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

panel affirmed the judgment of the district court, and in June 2010, the Supreme Court of the United States denied certiorari,. As the court has stated many times, however, denial of certiorari expresses no views on the merits. See, e.g. Ohio ex rel. Eaton v. Price 360 U.S. 246 n.1 (1959) (per curiam); Maryland v. Baltimore Radio Show, 338 U.S. 912, 917-19 (1950) (Frankfurter, J.). sending the case back to the District Court for further proceedings.

Merits

Roman

canonist Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

s have stated before that the

Second Vatican Council The Second Ecumenical Council of the Vatican, commonly known as the , or , was the 21st ecumenical council of the Roman Catholic Church. The council met in St. Peter's Basilica in Rome for four periods (or sessions), each lasting between 8 and ...

and

1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comp ...

gave full authority to

bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is c ...

s within their capacities as diocesan administrators. In 2011, Jeffrey S. Lena, Counsel for the Holy See, published the entire documentation held by the Roman Curia concerning the case, showing that the Holy See was informed of Ronan's misconduct only in February 1966, the year ''after'' the abuse that was the basis of the accusation of Holy See involvement, and that the Holy See thereupon laicized him within weeks. Lena commented: "The plaintiff's lawyers never had support for their calumnious accusations against the Holy See. They have nonetheless chosen to misuse the legal system as a vehicle to pursue a broader agenda – a decision that has misled the public and wasted considerable resources." Lena also remarked that the release of the documentation should "give pause to those persons, who all too willingly engage in sensational and intemperate comment without bothering to acquire a sound grasp of the facts".Vatican lawyer responds to abuse accusations

Proceedings on remand

U.S. District Judge Michael Mosman ruled that the Holy See cannot be held liable because there was no relationship of employment in the case. Jeff Anderson, attorney for the plaintiff, said he would appeal the decision. The case was dismissed in August 2013.

References

External links

*
Docket for 09-1
at the U.S. Supreme Court

— ''

Irish Times ''The Irish Times'' is an Irish daily broadsheet newspaper and online digital publication. It launched on 29 March 1859. The editor is Ruadhán Mac Cormaic. It is published every day except Sundays. ''The Irish Times'' is considered a newspaper ...

'' article {{DEFAULTSORT:Doe v. Holy See, John V. 2009 in United States case law Catholic Church sexual abuse scandals in the United States United States Court of Appeals for the Ninth Circuit cases Foreign Sovereign Immunity Act case law Holy See–United States relations Law of Vatican City

Case history

Merits

Proceedings on remand

See also

References

External links