Foreign States May Be Liable For Tortious Acts Committed By Their Employees

Foreign Sovereign Immunities Act of 1976 ("FSIA") provides that a foreign state is immune for public acts from being sued in U.S. courts. Under the "tortious acts" exception, foreign states are not immune from money damages for personal injury or death, or damage to or loss of property, for tortious acts or omissions occurring in U.S. while acting within scope of one's office or employment.

In John Doe v. Holy See, 557 F.3d 1066 (9th Cir. 2009), cert. denied, 2010 WL 2555213 (U.S.) (June 28, 2010), the Holy See was held liable for sexual abuse that was a direct outgrowth of and engendered by conduct that was deemed within the course and scope of the priest's employment. The Court based its decision on the allegations that the Holy See placed priests in churches in U.S., furnished facilities to perform duties, and disciplined priests.

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