Thirteen former students who attended two Peabody middle schools in past decades have sued the city and a former gym teacher, alleging he spanked, fondled, and sexually assaulted them in a horrific litany of abuse that began when they were as young as The page complaint lists the victims as John Does and sought class-action status on behalf of all minor students who were taught or coached by James Toltz during his employment at Higgins Middle School and John F.
Kennedy Junior High School, from to And in naming the City of Peabody as a defendant, the lawsuit alleges it was negligent in its oversight of Toltz. The complaint, filed Tuesday in Middlesex Superior Court, alleges Toltz had developed a reputation as an abuser among students and could have sexually abused as many as students while working as a teacher. It alleges some of the abuse continued into adulthood. It was not immediately known if Toltz, 80, who now lives in Winter Garden, Fla.
A phone message left with a listing for Toltz was not immediately returned. In a news conference held online Wednesday, the plaintiffs β all men and now in their 40s, 50s, and 60s β detailed the anguish the alleged abuse wrought over the ensuing years.
The wife of one victim read a statement on his behalf. The suit, filed by Boston attorney Carmen Durso, lists counts of sexual abuse and negligence, demands a jury trial, and seeks an unspecified amount in damages for severe emotional and physical distress.
And Toltz had constant opportunities. The statute of limitations for sexual molestation and assault of a minor under state law has not yet expired. If a person is sexually abused as a minor, they have until age 53 to file suit, Durso said.
