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WEST JORDAN — A Utah judge has dismissed a lawsuit filed against Operation Underground Railroad and its founder Tim Ballard by a woman who accused him of intimidation and witness tampering, but attorneys for the plaintiffs say they plan to file an amended complaint.
Suzanne Whitehead, a former director of a global nonprofit organization, sued Ballard in November, claiming he tried to intimidate her into retracting social media posts deemed critical of Operation Underground Railroad, an anti-trafficking organization. Utah Attorney General Sean Reyes was originally named a defendant in the case, but Whitehead dropped the claims against him after he apologized.
Third District Judge Charles Stormont dismissed the complaint on Aug. 2, under a Utah law passed last year aimed at protecting Utahns from being sued for exercising their free speech or other protected rights. The written court order has not been issued, but the minutes from the hearing that day show Stormont dismissed claims against Operation Underground Railroad with prejudice and awarded "reasonable attorney fees" to the organization.
The court dismissed claims against Ballard without prejudice, meaning it can be amended and refiled — which Whitehead's attorneys say they plan to do.
"Ms. Whitehead is committed to seeking the best possible outcome," attorney Suzette Rasmussen said. "Despite the dismissal of some defendants, she retains the right to sue Mr. Ballard. She plans to amend her claims accordingly to ensure the case progresses. We are optimistic about presenting our case and believe this step is important for ensuring that all aspects are thoroughly considered."
An attorney for Ballard, who was CEO of Operation Underground Railroad until last summer, called the claims "frivolous," noting that other cases against Ballard and his wife, Katherine Ballard, were dismissed earlier this year.
"It took Ms. Whitehead years to decide she had experienced 'severe' emotional distress following a brief social media dispute with Tim Ballard, and a Utah judge has now dismissed her case after finding no substance to it," Mark Eisenhut, one of Ballard's attorneys, told KSL.com in a prepared statement. "This is the fourth set of frivolous claims against Tim and Katherine Ballard by the same attorneys to be dismissed by Utah courts in as many months, and we're confident Mr. Ballard will be fully vindicated in the remaining cases, too."
A separate 3rd District judge recently dismissed claims from Bree Righter, a former Marine who alleged she suffered a fractured orbital bone during a training with Operation Underground Railroad, finding a liability waiver barred the woman from filing suit in the first place.
Other complaints against Ballard, including from women who say he sexually assaulted them while working with Operation Underground Railroad, are still being litigated.
Ballard has denied allegations of sexual misconduct and said they are meant to hurt his public image.
