Erick Blecher, et al. v. The Holy See, a/k/a The Apostolic See

New York City, New York personal injury lawyer represented the Plaintiff who sued on negligence theories.



The question presented in this case is whether the discretionary function exclusion from the tortious activity exception of the Foreign Sovereign Immunities Act ("FSIA”) precludes federal courts from exercising jurisdiction over claims against the Holy See concerning child sexual abuse perpetrated by clerics in the United States. Plaintiffs-Appellants are thirty survivors of childhood sexual abuse who seek damages for negligence from Defendant-Appellee the Holy See under a vicarious liability theory. They allege that the Holy See promulgated a mandatory policy of secrecy that governed how its dioceses and bishops handled reports of sexual abuse by clerics. In adhering to this policy, Plaintiffs allege, bishops in New York—the Holy See's employees—failed to warn children and parents of the dangers posed by the accused clerics and failed to report suspected abuse to law enforcement, thus emboldening abusers and exposing children to a foreseeable risk of harm. The District Court (Oetken, J.) granted the Holy See's motion to dismiss for lack of subject matter jurisdiction under the FSIA, concluding that the discretionary function exclusion from the FSIA's tortious activity exception barred Plaintiffs' claims. On de novo review, we agree with the District Court.

Affirmed