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Three-time Olympic gold medalist Team USA women’s swimmer Nancy Hogshead has scored a major legal victory for athlete safety.
A federal judge in Chicago has dismissed a $250 million lawsuit filed against Hogshead by Rick Butler, a prominent youth volleyball coach accused of sexually abusing underage players. The lawsuit was filed in December 2021 by Butler and his wife Cheryl, targeting statements Hogshead made in 2017 and 2018 regarding allegations that Butler sexually abused teenage girls he coached in the 1980s.
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Jenna Johnson, Nancy Hogshead, Carrie Steinseifer and Dara Torres of the United States celebrate winning the women’s 4×100 meter freestyle relay during the 1984 Los Angeles Olympic Games at Olympic Swimming Stadium. (Porter Binks-RED USA TODAY)
“For decades, Rick Butler has avoided the consequences that should have flowed from findings that he sexually abused his minor athletes; he could be very convincing. While there was substantial evidence that would have allowed reasonable people to conclude that Rick Butler posed a serious danger to girls, it was difficult for families and the volleyball community to accurately assess that risk. That record is now clear for all to see.” Hogshead said in a statement to Pak Gazette Digital.
The lawsuit alleged that Hogshead’s statements were part of a malicious effort to ruin the couple’s volleyball business. But because Butler is a public figure, the court ruled that his defamation claims failed because he failed to prove “actual malice.”
The judge’s decision affirms that sports organizations, advocates, survivors, journalists and nonprofits have the legal right to present a history of abuse, even when the coach is operating outside of a specific sports stadium.
“Survivors whose trainer has sexually abused them deserve more than having their abuser’s name published in a little-known database from the American Center for SafeSport,” Hogshead added.
FORMER UTAH STATE VOLLEYBALL STAR SAYS SJSU TRANS SCANDAL CAUSED INJURED FINGERS AND SHATTERED DREAMS
Nancy Hogshead, senior director of advocacy for the Women’s Sports Foundation, attends the 40 For 40 event celebrating 40 years of Title IX at the JW Marriott Hotel in Washington, DC, on June 21, 2012. (Larry Busacca/Getty Images)
“The federal protections we acquire for athletes are inadequate when the sports community does not proactively share its available records and evidence when they learn that a banned coach continues to have access to athletes. Disciplinary findings must be shared broadly and specifically, such as Women’s Champion did here. We must deny abusers access to athletes. “It is very worrying that Rick Butler continues to coach young girls today.”
Butler’s attorney, Danielle D’Ambrose, provided a statement to Sportico about the ruling.
“While we respect the judicial process, we strongly disagree with aspects of the Court’s decision and believe that important factual and legal issues remain unresolved,” D’Ambrose said.
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Olympic gold medalist Nancy Hogshead poses for a photo. (Courtesy of XX-XY Athletics)
Federal Judge Young B. Kim ended the case last week. He granted summary judgment to Hogshead, her nonprofit Champion Women, and co-defendant Deborah DiMatteo.
The judge ruled that his defense was fully protected by the First Amendment. They were discussing a vital matter of public concern: the danger Butler posed to young girls.
The judge ruled that Butler’s loss of income was the natural consequence of his own documented sexual misconduct, not a conspiracy.
