John V. Doe v. Holy See
Encyclopedia
John V. Doe v. Holy See is a lawsuit involving the sovereign immunity
status of the Holy See
in relation to the Catholic sexual abuse scandal in the United States
. The threshold question of law in the case is whether the Foreign Sovereign Immunities Act
allows the Holy See
, a sovereign state
in international law, to be sued for acts of local Catholic clergy
.
; plaintiff John Doe alleged abuse by Father Andrew Ronan in Portland, Oregon
. This allegedly took place circa 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 Foreign Sovereign Immunities Act
. When the District Court rejected that motion, the defendant took an interlocutory appeal
. A divided ninth circuit
panel affirmed the district court, and in June 2010, the Supreme Court of the United States
denied certiorari, sending the case back to the District Court for further proceedings.
and Code of Canon Law gave full authority to bishop
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".
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
status of the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
in relation to the Catholic sexual abuse scandal in the United States
Catholic sexual abuse scandal in the United States
Catholic sexual abuse scandal in the United States refers to a series of lawsuits, criminal prosecutions, and scandals related to sexual abuse committed by Catholic priests and members of religious orders, that first rose to widespread public attention in the last two decades of the 20th...
. The threshold question of law in the case is whether the Foreign Sovereign Immunities Act
Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act of 1976 is a United States law, codified at Title 28, §§ 1330, 1332, 1391, 1441, and 1602-1611 of the United States Code, that establishes the limitations as to whether a foreign sovereign nation may be sued in U.S. courts—federal or state...
allows the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, a sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
in international law, to be sued for acts of local Catholic clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
.
Case history
The lawsuit was brought in federal court in OregonUnited States District Court for the District of Oregon
The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...
; plaintiff John Doe alleged abuse by Father Andrew Ronan in Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
. This allegedly took place circa 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 Foreign Sovereign Immunities Act
Foreign Sovereign Immunities Act
The Foreign Sovereign Immunities Act of 1976 is a United States law, codified at Title 28, §§ 1330, 1332, 1391, 1441, and 1602-1611 of the United States Code, that establishes the limitations as to whether a foreign sovereign nation may be sued in U.S. courts—federal or state...
. When the District Court rejected that motion, the defendant took an interlocutory appeal
Interlocutory appeal
An interlocutory appeal , in the law of civil procedure, is an appeal of a ruling by a trial court that is made before the trial itself has concluded. Most jurisdictions generally prohibit such appeals, requiring parties to wait until the trial has concluded before they challenge any of the...
. A divided ninth circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
panel affirmed the district court, and in June 2010, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
denied certiorari, sending the case back to the District Court for further proceedings.
Merits
Roman canonists have stated before that the Second Vatican CouncilSecond Vatican Council
The Second Vatican Council addressed relations between the Roman Catholic Church and the modern world. It was the twenty-first Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed...
and Code of Canon Law gave full authority to bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
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
Roman Curia
The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Catholic Church, together with the Pope...
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".
External links
- Docket for 09-1 at the U.S. Supreme Court
- "Vatican's right to immunity being tested" — Irish Times article