Court Dismisses Another Complaint Against Tim Ballard, OUR — But It Could Come Back

SALT LAKE CITY (ABC4) — A 2023 lawsuit against former Operation Underground Railroad (OUR) CEO Tim Ballard has been dismissed by a Utah court after a judge found the plaintiff failed to make a case.

Third District Judge Charles Stormont dismissed plaintiff Suzanne Whitehead’s lawsuit, saying Ballard, OUR and Utah Attorney General Sean Reyes suppressed her free speech rights and conspired to silence witnesses who alleged fraud and deception.

The complaint was originally filed in November 2023. In December 2023, Reyes was removed from the complaint after the attorney general met and apologized to Whitehead.

PREVIOUSLY: Plaintiff claims Attorney General Sean Reyes apologized and was fired from Ballard, OUR trial

In its full decision, handed down on September 1, Stormont said Whitehead and his lawyers had “failed to present any cause of action against them on which relief could be granted”. Stormont said Whitehead’s arguments did not meet the standards that would allow him to claim emotional distress.

Specifically, Stormont said Whitehead’s legal team had failed to prove that Ballard or OUR had engaged in “outrageous or intolerable conduct… that offends generally accepted standards of decency and morality.” While Whitehead provided the court with a series of communications on social media, by email, text message and phone, none of these communications included “any physical interaction, threats of violence, sexual harassment or other vile behaviour.”

“Furthermore, the Court finds that (Whitehead’s) allegations contain nothing which could even be regarded as unreasonable, mean or unfair,” the Stormont ruling said.

Stormont also said that for Whitehead to claim emotional distress, she would have had to demonstrate “physical manifestations of emotional distress”, including “illness or bodily harm”. Stormont found that Whitehead’s team was unable to demonstrate this.

Although Stormont dismissed the claim specifically against OUR with prejudice – meaning such claims cannot be brought back to court – the judge gave Whitehead’s team the opportunity to amend their claim against Ballard specifically.

Whitehead’s attorney, Alan W. Mortensen, told ABC4.com that they were “obviously disappointed” by the decision, but would look closely at amending their complaint against Ballard. Mortensen said they believed Ballard was acting on behalf of OUR. Until then, he said, they were not yet in a position to consider an appeal.

“Our clients are in this for the long haul,” Mortensen said. “There are positive things and negative things that happen, as in any litigation, but we are determined to hold Mr. Ballard accountable.”

Ballard’s attorney, Mark Eisenhut, released the following statement following the dismissal of the case:

The decision marks another step in an increasingly complex web of lawsuits and investigations into Ballard’s alleged behavior. A half-dozen former OUR employees have accused Ballard of sexual misconduct. Three civil lawsuits remain pending. Two other lawsuits involving Ballard have also been dismissed.

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