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SALT LAKE CITY — A Utah judge dismissed a lawsuit by a former Marine against Operation Underground Railroad founder and former CEO Tim Ballard, finding a liability waiver barred the woman from filing suit.
The lawsuit is one of several filed against Ballard last year. In it, Bree Righter alleged that she suffered a fractured orbital bone during an Operation Underground Railroad training in Salt Lake City in 2021 and that she was sexually assaulted while working with the anti-human trafficking organization.
Ballard has long denied allegations of sexual misconduct against him, saying they are intended to hurt his credibility.
Utah 3rd District Judge Kristine Johnson on Thursday dismissed Righter's claims with prejudice, citing a liability release included in the contractor agreement signed by Righter on Feb. 2, 2022, which covered the time from Feb. 12, 2022, to March 12, 2022. Johnson dismissed claims of conspiracy, negligence and premises liability against Operation Underground Railroad and Ballard, along with a claim of fraud against Ballard, without prejudice.
The claims of conspiracy were dismissed based on a "failure to allege facts" by Righter's attorneys, Johnson wrote.
"For the foregoing reasons, the complaint as to OUR and Ballard is dismissed with prejudice because Righter's claims are precluded by the release contained in paragraph 7.2 of the agreement," Johnson wrote.
"This case was based on vague allegations with no supporting facts and I'm grateful that the court recognized that," Ballard said in a statement to KSL.com. "For the second time in a row a judge evaluating allegations against me and my wife dismissed them. ... The claims against us and our work generated a lot of media attention without any real scrutiny and had a devastating impact on anti-trafficking operations, but they are finally being seen for what they are — unfounded."
Ballard was referring to a separate lawsuit that included allegations against his wife, Katherine Ballard. The claims against Katherine Ballard were dismissed recently, though that case is still ongoing.
Righter's suit was the third in a string of lawsuits filed in October and November of last year, in which other former associates of Ballard accused him of sexual misconduct and said he used a so-called "couples ruse" — a tactic Ballard said is used to fool traffickers while on undercover rescue missions — to coerce women into sexual contact.
Righter did not allege that Ballard engaged in sexual contact with her, but her lawsuit referenced the ruse and alleged he used it beyond the scope of simply fooling traffickers.
She alleged while on a mission in the British Virgin Islands, Ballard "attempted to goad" Matthew Cooper, a former Operation Underground Operation employee, "to be more sexually aggressive" with her. Righter alleged that led to Cooper sexually touching her under false pretenses.
In her ruling, Johnson said the allegations of "sexual touching" under "false pretenses" don't "rise to the level of criminal conduct." She said the lawsuit "does not specify if or how OUR had a meeting of the minds with Ballard, Cooper or others regarding using the ruse as a ploy to further sexual misconduct or sexual assault or battery."
Three other lawsuits against Ballard continue to work their way through the courts; all three were brought by plaintiffs represented by the same attorneys who represent Righter.
