By Holt Hackney
A federal judge has granted summary judgment in favor of Olympic gold medalist and attorney Nancy Hogshead, nonprofit Champion Women and volleyball advocate Deborah DiMatteo in a lawsuit filed by volleyball coach Rick Butler, his wife Cheryl Butler and their company, GLV Inc., which does business as Sports Performance Volleyball.
In a decision issued by the U.S. District Court for the Northern District of Illinois, the court ruled that the defendants’ statements regarding Rick Butler and athlete safety were protected by the First Amendment because they addressed matters of public concern. The court also found that the plaintiffs failed to establish the legal requirements necessary to support their claims.
Rick and Cheryl Butler sought $250 million in damages and a permanent injunction barring Hogshead and DiMatteo from making statements they alleged were defamatory and harmful to their business interests. The lawsuit alleged the defendants’ statements caused financial losses to Sports Performance Volleyball.
The defendants argued their statements were based on publicly available records concerning Rick Butler’s coaching history and allegations of sexual misconduct involving underage athletes.
According to the court’s opinion, Hogshead compiled information from public sources, including court records, governing body disciplinary decisions and media reports, to educate members of the volleyball community. The court also found that many of DiMatteo’s statements constituted protected opinion under the First Amendment.
The litigation centered on public advocacy efforts by Hogshead, Champion Women and DiMatteo following renewed public attention in 2017 to allegations involving Rick Butler. Champion Women distributed publicly available records to members of the volleyball community, including sports organizations, facilities, sponsors and colleges. DiMatteo publicly criticized Mizuno after the company resumed its sponsorship of Sports Performance Volleyball and encouraged members of the volleyball community to boycott events associated with the organization.
The court noted that Hogshead and DiMatteo did not know each other until after they were named as co-defendants in December 2021.
In its opinion, the court stated that the plaintiffs sought to persuade sports organizations, schools and parents to continue allowing Rick Butler to coach girls at tournaments, camps and other events, while the defendants sought to inform the public about Butler’s coaching history.
The court also found that the plaintiffs failed to present sufficient evidence that the defendants acted with “actual malice,” the legal standard requiring proof that allegedly defamatory statements were made with knowledge of their falsity or with reckless disregard for the truth.
The opinion cited the defendants’ reliance on public records, including:
- A 1995 Illinois Department of Children and Family Services finding of credible evidence supporting allegations of child abuse by Rick Butler.
- A 1995 USA Volleyball Ethics and Eligibility Committee determination that Butler had sexual relationships with three athletes while they were minors and under his supervision.
- Later disciplinary actions by USA Volleyball, the Amateur Athletic Union, the Junior Volleyball Association and the U.S. Center for SafeSport following allegations that became public in 2017.
The court concluded that the defendants’ speech was protected under the First Amendment and entered summary judgment in their favor.
Following the ruling, defense attorney Danessa P. Watkins of Amundsen Davis said the decision reinforces that First Amendment protections extend to speech concerning matters of public concern, including athlete safety, even when plaintiffs characterize their claims as tortious interference rather than defamation.
Hogshead said the decision confirms the importance of allowing advocates, survivors, journalists and organizations to rely on public records and court findings when discussing athlete safety and abuse allegations.
The case is Butler et al. v. Hogshead-Makar et al.
