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Three-time Team USA gold medalist swimmer Nancy Hogshead has won a major legal victory for athlete safety.
A federal judge in Chicago has dismissed a lawsuit filed against Hogshead by Rick Butler, a well-known junior volleyball coach accused of sexually abusing minor players. The lawsuit was filed in December 2021 by Butler and his wife Cheryl, referring to statements Hogshead made in 2017 and 2018 about 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 the Olympic Swim Stadium. (Porter Binks-USA TODAY NETWORK)
“For decades, Rick Butler has talked his way out of the consequences that should have flowed from the discovery that he sexually abuses his young athletes; he may be too sure. Although there is a lot of evidence that would make reasonable people conclude that Rick Butler poses a great risk to girls, it was difficult for families and the volleyball community to clearly see that that is being evaluated accurately now. Hogshead said in a statement to Fox News Digital.
The lawsuit alleges that Hogshead’s statements were part of a malicious attempt to destroy the couple’s volleyball business. But because Butler is a public figure, the court ruled that his defamation claims failed because he could not establish “actual malice.”
The judge’s decision confirms that sports organizations, lawyers, survivors, journalists and non-profit organizations have the legal right to present a record of abuse, even when a coach works outside a certain sports arena.
“Survivors, who were found to have been sexually abused by their coach, deserve more than the abuser’s name listed on an anonymous database at the US Center for SafeSport,” added Hogshead.
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Nancy Hogshead, executive director of advocacy for the Women’s Sports Foundation, attends the 40 For 40 event celebrating the 40th anniversary of Title IX at the JW Marriott Hotel in Washington, DC, on June 21, 2012. (Larry Busacca/Getty Images)
“The government protections we have for athletes are not enough if the sports community does not make available their records and evidence when they learn that a suspended coach continues to recruit players. Disciplinary findings must be shared widely and objectively, as Women’s Champion done here. We must deny abusers access to athletes. It is very sad that Rick Butler continues to this day to train young girls. “
Butler’s attorney Danielle D’Ambrose provided Sportico with a statement regarding the decision.
“While we respect the judicial system, 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)
U.S. Magistrate Judge Young B. Kim dismissed the case last week. He granted summary judgment to Hogshead, his nonprofit Champion Women and co-defendant Deborah DiMatteo.
The judge ruled that their representation was fully protected by the First Amendment. They were talking about an important issue of public concern: the danger Butler poses to young girls.
The judge ruled that Butler’s missing money was a natural consequence of his documented sexual misconduct, not a conspiracy.
