QUESTION PRESENTED
The Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. 1330, 1602 et seq., establishes that foreign sovereigns are presumptively immune from suit in United States courts, 28 U.S.C. 1604, unless a claim falls within one of the exceptions to immunity enumer ated in 28 U.S.C. 1605 and 1607. The tort exception to immunity permits claims against a foreign state based on "the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment." 28 U.S.C. 1605(a)(5).
The question presented is whether Section 1605(a)(5) authorizes a court to exercise jurisdiction over respon dent's vicarious liability claim against petitioner, the Holy See, for a priest's sexual abuse committed in Ore gon, where sexual abuse is outside the scope of the priest's employment as a matter of Oregon law.
In the Supreme Court of the United States
No. 09-1
HOLY SEE, PETITIONER
v.
JOHN V. DOE
https://www.justice.gov/osg/brief/holy-see-v-doe-amicus-invitation