PEABODY — The city of Peabody and nearly 50 men who say they were sexually abused by a former Peabody gym teacher are calling for the now 82-year-old to stand trial.
A class-action lawsuit alleges James Toltz, who now lives in Winter Garden, Florida, sexually abused boys ages 12-18 while he was a teacher and coach at John F. Kennedy Junior High and Higgins Middle School in Peabody between 1967-1996.
The suit was originally filed in 2022 against both Toltz and the city, alleging Toltz committed assault and battery, civil rights violations and inflicted emotional distress. It also includes claims against the school department of negligent supervision, emotional distress, unfair educational practices and conspiracy to suppress knowledge of Toltz’s abuse.
Toltz’s alleged abuse ranges from watching young boys shower in the schools’ locker rooms, to raping and proving cocaine to some of the victims.
The complaint was amended this fall to include a total 46 plaintiffs, but said more than 50 victims have come forward and there could be more than 500 former students who were abused by Toltz.
The city’s school department “knew, or in the exercise of reasonable care, should have known” about Toltz’s abuse, according to the complaint.
In its Dec. 18 response to the amended suit, the city denied any liability in the case and denied knowing about any abuse allegedly committed by the former teacher. The city also denied that it failed to follow proper educational protocol.
“The harm and loss alleged by the plaintiffs was caused entirely by, or contributed to by the negligent or liability-producing acts or omissions of individuals and/or entities other than Peabody for which Peabody is not legally responsible,” the city said in its filing.
The city is conducting its own investigation of the plaintiff’s claims, according to its response. It is also calling for a jury trial.
A trial date has not been set, nor is it confirmed that one will be held.
Contact Caroline Enos at CEnos@northofboston.com .