>>>Whilst the question of whether Fr Ronan was an Employee of the Holy See will depend on the exact definition of “employee” in Oregon law it is up to Doe to prove that Fr Ronan was an Employee and I doubt if he will be able to do that especially if Fr Ronan was paid by the Diocese and/or his Order.<<<
Proving agency is generally a little more complicated than that. Here is how the Restatement treats the question:
(2) In determining whether one acting for another is a servant or an independent contractor, the following matters of facts, among others, are considered:
(a) the extent of control which, by the agreement, the master may exercise over the details of the work;
(b) whether or not the one employed is engaged in a distinct occupation or business;
(c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision;
(d) the skill required in the particular occupation;
(e) whether the employer or the workman supplies the instrumentalities, tools, and the place of work for the person doing the work;
(f) the length of time for which the person is employed;
(g) the method of payment, whether by the time or by the job;
(h) whether or not the work is a part of the regular business of the employer;
(i) whether or not the parties believe they are creating the relation of master and servant; and
(j) whether the principal is or is not in business.
Restatement (Second) of Agency § 220 (1958).
The point here is that Doe will be able to obtain discovery frm the Holy See. So the barbarians have breeched the front line defenses, as it were.