Page "Pope" Paragraph 115

It is as head of the Holy See, not of Vatican City, that the U. S. Justice Department ruled that the Pope enjoys head-of-state immunity.

This head-of-state immunity, recognized by the United States, must be distinguished from that envisaged under the United States ' Foreign Sovereign Immunities Act of 1976, which, while recognizing the basic immunity of foreign governments from being sued in American courts, lays down nine exceptions, including commercial activity and actions in the United States by agents or employees of the foreign governments.

It was in relation to the latter that, in November 2008, the United States Court of Appeals in Cincinnati decided that a case over sexual abuse by Catholic priests could proceed, provided the plaintiffs could prove that the bishops accused of negligent supervision were acting as employees or agents of the Holy See and were following official Holy See policy.