Vatican Seeks to Dismiss Suit Before Pope Benedict Can Be Questioned or Documents Subpoenaed

http://hosted.ap.org/dynamic/stories/E/EU_VATICANS_DEFENSE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2010-05-16-15-22-27

May 16, 2010
AP Exclusive: Vatican details US sex abuse defense
By NICOLE WINFIELDAssociated Press Writer
EXCERPTS:
The Vatican is seeking to dismiss the suit before Pope Benedict XVI can be questioned or documents subpoenaed.
The Vatican is expected to assert that bishops aren't its employees because they aren't paid by Rome, don't act on Rome's behalf and aren't controlled day-to-day by the pope — factors courts use to determine whether employers are liable for the actions of their employees, Lena told the AP.
He said he would suggest to the court that it should avoid using the religious nature of the relationship between bishops and the pope as a basis for civil liability because it entangles the court in an analysis of religious doctrine that dates back to the apostles.
"McMurry has alleged that the Vatican had clear and direct control over bishops, mandated a policy of secrecy, and is therefore liable for the bishops' failure to report abuse. He is seeking unspecified damages.
McMurry has said that based on district and appellate court rulings, he doesn't need to prove bishops were employees of the Vatican but merely "officials." He noted that they take an oath of office. The pope appoints, disciplines and removes bishops.
If a bishop wants to spend more than $5 million he must ask permission from Rome...