A Germantown man accused of molesting a boy has renewed hope for vindication after his defamation suit against CBS3 was recently reinstated.
Howard Rubin claims the local television station defamed him when airing a news report connecting his dismissal as a police officer with allegations that he molested a boy. The state Superior Court last month affirmed that Rubin’s case can move forward, even though a Philadelphia judge dismissed it as meritless last year.
Rubin worked as a police officer for a Philadelphia charter school for about four years, until his contract wasn’t renewed in September 2014.
On Sept. 29, 2014, CBS3 aired a news report stating Rubin was fired over allegations that he molested an underage male student at the school.
Rubin filed suit against CBS3 in November 2014, claiming the broadcast defamed him and cast him in a false light. He’s seeking more than $50,000 in damages.
In October 2015, Philadelphia Common Pleas Judge Karen Shreeves-Johns tossed out the case, citing Rubin’s inability to prove that CBS3 acted negligently or maliciously.
But in an opinion published Sept. 8, state Superior Court affirmed its prior decision to reinstate the case. The court noted the possibility that Rubin was dismissed for “fraternizing” with students, not for molesting anyone.
“[T]here is not enough information at this stage in the proceedings to say with confidence that Rubin will be unable to establish that CBS acted with actual malice,” the opinion states.
Rubin’s attorneys blasted the CBS3 broadcast in court papers.
“The publication was false. The publication was retracted. The school’s principal post-publication advised CBS that the publication was false,” Rubin’s attorneys wrote.
But CBS3 insisted its news report was “substantially true,” citing Rubin’s personnel file, which contains allegations that he molested a male student.
The personnel file also includes concerns that Rubin was “too chummy with some students, acting more as a friend or older brother,” and that he inappropriately used a school computer to try to view pornographic videos relating to “twerking.”
According to criminal-court records, Rubin was never charged with sexual abuse of any type.
Matthew B. Weisberg, an attorney for Rubin, expressed agreement with the Superior Court’s ruling.
“While it is this firm’s policy not to comment on the merits of our clients’ matters, we can say that we are pleased with the Superior Court’s decision vis-a-vis reversal of the Court of Common Pleas’ dismissal,” Weisberg said in an email. “Our client looks forward to trial.”
Justin F. Robinette, a local civil-rights attorney, also spoke in favor of Rubin having his day in court.
“Having reviewed court records, I agree with the Superior Court that Mr. Rubin’s case was dismissed prematurely,” Robinette said. “The Superior Court judges said they can’t rule out the possibility that Mr. Rubin’s claims have merit — at this stage of the litigation. Their ruling doesn’t necessarily vindicate Mr. Rubin. But it moves him a step closer to a jury trial, which he’s been seeking for three years.”
Attorneys for CBS3 had no comment for this story.