Pope Wants Head-of-State Immunity From Texas Lawsuit

From the Texas Lawyer via Law.com:

Joseph Ratzinger, a defendant in a Texas suit filed before he was elected Pope Benedict XVI, wants to be dismissed from the litigation, arguing he has head-of-state immunity.

But lawyers for the three plaintiffs, who allege in the civil suit they were abused by a former seminary student in Houston, vow to challenge any suggestion of immunity issued by the U.S. Department of State in response to Ratzinger's request, a challenge that could put the immunity argument to a test.

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"Because Defendant is head of a recognized state, he is absolutely immune from the jurisdiction of the United States Courts," he says in the motion.

Ratzinger also says he should be dismissed from the suit on First Amendment grounds because the plaintiffs' claims would intrude on the internal working of the Roman Catholic Church and would require the court to interpret the meaning of religious documents and resolve issues of church governance.

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