Thomas Vandergrift, a gay man wrongfully suspected as a child molester, is fighting to clear his name. This week, a judge will consider whether Vandergrift may access records that could help him achieve vindication.
Vandergrift, of South Philadelphia, claims that homophobia prompted Pennsauken public-school officials to report him as a suspected child molester in August 2011.
Vandergrift alleges that district officials violated his civil rights when reporting him to New Jersey child-welfare authorities. He contends the unfounded reports were homophobic and retaliatory in nature, after he advocated for a proper education for his autistic nephew.
In 2012, Vandergrift filed a federal anti-bias suit, seeking an unspecified amount in damages and corrective measures within the district.
However, district officials recently asked U.S. Magistrate Judge Joel Schneider to dismiss Vandergrift’s suit as meritless. In response, Vandergrift urged Schneider to grant him access to key documents in the case so that he can adequately respond to the district’s dismissal requests.
In a July 10 filing, Vandergrift said he’s being denied access to child-welfare investigative reports, school-district personnel records and sealed depositions.
“Gathering factual information is at the core of our civil discovery system,” Vandergrift said in his filing. “The court has restricted the access of these files.”
Vandergrift emphasizes in his filing that he’s at a disadvantage to pursue his case without access to the records.
“[I’m] unable to credibly refute the [dismissal requests], as [I’ve] not been entitled to equal access to the facts within many documents,” he added.
Vandergrift recently retained an attorney, Matthew B. Weisberg, who told PGN he’ll advocate for access to all relevant records in the case.
“I intend to file all necessary motions to do so,” Weisberg said. “I’m optimistic that my client’s rights will be vindicated. Otherwise, I wouldn’t have taken the case.”
A hearing on the dispute was scheduled for 2 p.m. July 19 at Courtroom 3C of the U.S Court House in Camden, with Schneider presiding. Additional information was unavailable at presstime.
In a prior interview, Vandergrift said the unfounded child-molestation reports hampered his ability to enjoy life and pursue a career. He also expressed hope that his case will prevent similar alleged wrongdoing in the future.
