Three-time Olympic gold medalist swimmer Nancy Hogshead has secured a significant legal victory following the dismissal of a $250 million defamation lawsuit brought against her by junior volleyball coach Rick Butler.
A federal judge in Chicago ruled that Butler, who has been accused of sexually abusing underage players, could not prove "actual malice" in Hogshead's statements made between 2017 and 2018 regarding the allegations. The lawsuit, filed by Butler and his wife Cheryl in December 2021, claimed Hogshead's remarks were part of a deliberate effort to damage their volleyball business.
U.S. Magistrate Judge Young B. Kim granted summary judgment to Hogshead, her nonprofit Champion Women, and co-defendant Deborah DiMatteo. The judge determined that their advocacy was fully protected under the First Amendment, addressing a critical matter of public concern: the potential danger Butler posed to young girls. The court found that Butler's alleged financial losses were a direct consequence of his own documented sexual misconduct, not a result of a conspiracy.
Hogshead stated that Butler had "talked his way out of the consequences that should have flowed from the findings that he sexually abused his minor athletes" for decades, noting his ability to be convincing. She added that while substantial evidence existed indicating Butler posed a serious danger to girls, it had been difficult for families and the volleyball community to accurately assess that risk.
The judge's decision upholds the right of sports organizations, advocates, survivors, journalists, and nonprofits to present a record of abuse, even when the accused coach is not currently operating within a specific sports organization's purview.
Hogshead emphasized that survivors of abuse deserve more than having an abuser's name listed in a little-known database. She argued that existing federal protections for athletes are insufficient when the sports community does not proactively share records and evidence of banned coaches who may still have access to young athletes. Hogshead stated that disciplinary findings must be shared widely and directly, asserting that abusers must be denied access to athletes and expressing distress that Butler continues to coach young girls.
Danielle D’Ambrose, Butler's attorney, stated that while they respect the judicial process, they strongly disagree with aspects of the court’s decision and believe significant factual and legal issues remain unresolved.