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Suit Against Vatican and Pope Seeks Damages, Release of Names of Absuive Clergy

By Howard M. Friedman

Yesterday's National Law Journal reported on a suit filed in federal court in Milwaukee, Wisconsin against the Holy See, the Pope, and two cardinals at the Vatican, seeking damages because of sexual abuse plaintiff suffered at the hands of Rev. Lawrence Murphy who taught at St. John's School for the Deaf. Murphy allegedly abused around 200 boys at the suburban Milwaukee school between 1950 and 1974. The 55-page complaint (full text) in Doe v. Holy See, (ED WI, filed 4/22/2010) also seeks release of the names of clergy sex offenders and of documents relating to their activity. It assets a wide range of claims against defendants, including breach of contract, misrepresentations, negligence, conversion and violation of international human rights conventions. Counsel for plaintiff expects that the Vatican will raise a defense of sovereign immunity. Plaintiff intends to rely on the tort and commercial activity exceptions to sovereign immunity (28 USC Sec. 1605) found in the Foreign Sovereign Immunities Act. The complaint contains numerous allegations regarding the commercial nature of the Catholic Church's fundraising in the United States.

The Vatican Press Office issued a release yesterday responding to the lawsuit, saying: "the lawsuit - together with its de rigueur press conference and news releases - is simply the latest attempt by certain U.S. lawyers to use the judicial process as a tool of media relations."

Full post as published by Religion Clause on April 24, 2010 (boomark / email).