Religion and the Foreign Sovereign Immunities Act

[Volokh, Eugene]

I haven't yet had a chance to read this case noted by Westlaw Bulletin,
but I wonder if others on the list -- especially others who know
something about the FSIA -- might have, and might have some thoughts on
it.

  "The Holy See's alleged conduct of placing a Catholic priest it knew
to be a child molester in a position in which he would have access to
minors, without warning the parishioners, was not the type of judgment
that the discretionary function exception to the tortious activity
exception to the Foreign Sovereign Immunities Act (FSIA) was designed to
shield. Therefore, the discretionary function exception did not apply to
preclude a negligence action against the Holy See, brought by an alleged
victim of abuse by the priest. The Holy See's conduct did not represent
a choice based on plausible policy considerations."

Doe v. Holy See, 2006 WL 1549406 (D. Or.)