A lawsuit against Tim Ballard that alleged the anti-child trafficking celebrity assaulted and raped his assistant has been dismissed by a judge, who sternly scolded the plaintiff’s attorneys and said they improperly used documents stolen from Ballard to build their case.
Third District Judge Todd Shaugnessy also dismissed assistant Celeste Borys’ lawsuit against Operation Underground Railroad, the anti-trafficking organization Ballard founded, as punishment for her lawyers’ circumventing the court’s rules of evidence.
“Practically speaking, what Ms. Borys did is no different than if she had used a key to access Mr. Ballard’s office in the dark of night to secretly photocopy documents from locked file drawers, including documents that were marked as privileged,” Shaughnessy wrote in his ruling Friday. “The wrongful nature of that conduct should have been obvious to anyone, including, importantly, her lawyers.”
As Ballard’s executive assistant, Borys had access to his email and electronic documents, including after she was no longer employed by him, according to court records. Borys was, at least once, able to search and download files after her lawsuit against Ballard had been filed.
Many of those documents later were made public — including Ballard’s correspondence with attorneys, a church blessing envisioning Ballard’s greatness, communications with prominent political figures and others — in court filings in Borys’ case and a separate lawsuit filed by five women who also accused Ballard of sexual misconduct and assault.
“In short, the record clearly and convincingly establishes that the conduct by Ms. Borys and her attorneys was intentional or willful. It was a deliberate effort to bypass discovery and the requirements of the rules of civil procedure, and it resulted in potentially privileged communications being publicly disclosed,” the judge wrote.
Shaugnessy said there was no way to undo the damage that had been done in the case and opted to dismiss Borys’ claim as punishment for the acts he termed “deliberate and egregious.”
One of Ballard’s attorneys, Whitney Bernstein, said in a news conference Tuesday that the ruling demonstrates that the allegations against Ballard were part of a “smear campaign” and a “shakedown.”
“Tim Ballard did not assault anyone, and we are very thankful to the court for its 58-page, detailed, thorough opinion that dismissed this case against him,” Bernstein said. “We think it’s high time for Tim to reclaim his hard-earned reputation as a leader in the fight protecting women and children from trafficking.”
Borys’ attorneys said in a statement that they were disappointed by the ruling, “which was not made on the merits of her claims and does not absolve Mr. Ballard of his guilt.” They said they are considering an appeal of the matter and that there are still open criminal investigations into Ballard in several states.
Former Utah Attorney General Sean Reyes, for years a close associate of Ballard’s, announced in 2023 his office would also investigate the allegations against his friend. A spokesperson for current Attorney General Derek Brown said the office would not confirm or deny whether investigations are underway.
In October 2023, Borys and five other accusers filed a pair of lawsuits accusing Ballard of sexual misconduct and assault under the guise of a “couples ruse,” in which Ballard and the women would pose as partners on purported undercover child rescue missions. Borys also accused Ballard of raping her several times.
Ballard has denied wrongdoing and sued the women for defamation. That case is pending, but relies on some of the same documentation that led to the dismissal of Borys’ suit.
The lawsuits came after Ballard’s ouster from Operation Underground Railroad (since rebranded as Our Rescue) and shortly after the release of the movie “Sound of Freedom” — supposedly based on the story of the anti-trafficking organization.
The movie’s success elevated Ballard’s profile and sparked discussion that Ballard would run for the U.S. Senate seat that Mitt Romney was vacating in 2024.
Mark Eisenhut, another of Ballard’s attorneys, alleged Tuesday that there was an “extraordinarily well-funded” campaign to ruin Ballard’s reputation and sink his political aspirations by individuals — who he did not name — “motivated by evil intentions.”
Borys’ suit is now the third of eight court cases filed by the same group of attorneys against Ballard to be entirely or largely dismissed.
Previously, a personal injury suit against Ballard and Operation Underground Railroad filed by a woman injured during a training event was mostly dismissed, but a negligence claim remains outstanding. Another lawsuit by a woman who alleged Ballard tried to intimidate her into not criticizing him and OUR was also dismissed.
Kelly Suarez, who was the basis for a character in “Sound of Freedom,” sued Ballard for defamation over how she was depicted in the film, but Suarez was subsequently found guilty of pimping a minor in Colombia. Her lawsuit remains active.
The same women who sued Ballard in state court have also filed a federal lawsuit accusing Ballard of human trafficking. And a judge last year awarded sexual violence protective orders to Borys and a temporary order to another Ballard accuser, Kira Lynch.
Ballard’s attorneys did not immediately comment on the ruling, but have scheduled a news conference for Tuesday.
Note to readers, 12.05 p.m. • The story has been updated to include comments from Tim Ballard’s attorneys and to clarify the types of protective orders against Ballard.