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Kentucky Lawsuit Seeking To Hold Vatican On Priest Abuse Is Dropped By Plaintiffs

By Howard M. Friedman

Today's Washington Post reports that plaintiffs in O'Bryan v. Holy See have filed a motion with a Kentucky federal district court asking that their lawsuit be dismissed. The three plaintiffs in the case had sought to hold the Vatican liable for their abuse by priests and had hoped to depose Pope Benedict XVI in the case. Plaintiffs' lawyers say, however, that the court's holding that the Vatican had sovereign immunity on all claims except for respondeat superior claims regarding supervision of abusive priests limits plaintiffs' ability to proceed. (See prior posting.) One of the plaintiffs has been part of a settlement against the Louisville archdiocese. The supervising bishops involved in the cases of the other two plaintiffs have died so that further discovery about their actions is not practical. Lawyers have failed to turn up other plaintiffs who have not settled their abuse claims and are willing to come forward. In May, the Vatican filed extensive motions to dismiss based both on statute of limitations and respondeat superior grounds. (See prior posting.)

Full post as published by Religion Clause on August 10, 2010 (boomark / email).