Former Peabody teacher, city facing suit over sexual abuse

Aug. 17—PEABODY — A group of a dozen men and the family of a 13th have joined a class-action lawsuit against the city of Peabody and a former gym teacher who they say sexually abused them while they were attending John F. Kennedy Junior High School and later, Higgins Middle School.

James Toltz, who also worked for the school department as a coach, was employed by the Peabody school department from 1969 until 1996.

The men, the oldest of whom is in his 60s now (and one who has died), were between the ages of 11 and 16 when the abuse began, the lawsuit, filed by veteran Boston plaintiff's attorney Carmen Durso and Michael Heineman, says.

Durso said that based on research he has seen showing the incidence of sexual abuse of children in schools, there could be dozens more victims over the course of Toltz's 27-year career in Peabody.

In a 120-count lawsuit filed on Tuesday in Middlesex Superior Court, the men allege that Toltz repeatedly engaged in acts ranging from forcing them to shower while he watched, to touching, manipulating and slapping their genitals and buttocks areas, to penetrating them with a finger or his penis.

Toltz has not been criminally charged.

Some of the men also allege they were violently physically assaulted; one described being choked and another said Toltz kicked him in the stomach.

Several of the men also say Toltz provided drugs, including cocaine, and alcohol to them. One of the victims said his abuse continued long past middle school, going on until he was in his early 20s.

One victim recalled how the sound of someone sniffling in the winter's cold triggers a response in him, reminding him of the sound Toltz made "sniffing through his cocaine-encrusted nostril."

That victim, identified as "John Doe 1007," said he hopes to send a message to every city and town to enact more safeguards to protect children.

"I can only hope that coming forward in the twilight of my life will spare another little boy or girl from the same fate and ensure they will be safe from monsters like James Toltz," he said.

"Back then, little boys were raised to be tough," he said. "Nobody challenged authority. It was an age of innocence."

Another man, "John Doe 1011," recalled getting dressed one day and feeling a burning sensation.

He reported the problem to his gym teacher, Toltz. Toltz then took him to a closet and sexually abused him, the man said during a press conference Wednesday.

He now believes Toltz had intentionally put Ben-Gay or some other sort of liniment in his underwear — something reported by other men as well.

He said he was prepared to tell his parents after getting home from school that day — only to find out that "Mr. Toltz had pre-emptively called them before I got home from school, telling them a concocted story about a discussion about personal hygiene after class."

"When this abuse occurred, I felt alone," he said. "I was just a shy, awkward kid, like many of us were at that age."

He now wonders if there was more he could have done to report what had happened.

And he and others have struggled throughout their lives. He still works to manage his anxiety and has had anger issues and substance abuse problems.

"John Doe 1008" said Toltz was their "mutual bogeyman and mutual humiliator."

He said he's dealt with nightmares and an "almost debilitating flood of emotions," ranging from helplessness to "sheer rage."

"I tried to bury it, but it changed the course of my life," he said.

He also had strong words for the colleagues who had to have known what was happening to him and other boys.

"He stole your integrity," he said.

Toltz is now 80 and living in Winter Garden, Florida. Efforts to reach him on Wednesday were not immediately successful.

The suit alleges that the city was negligent in training, supervising and disciplining Toltz and that it knew or should have known what was taking place. There are a number of counts alleging that the city violated laws aimed at protecting students and their educational and civil rights.

Mayor Ted Bettencourt said he hasn't yet seen the complaint but said "certainly, the allegations I've heard are very serious and very concerning. The safety and protection of our students are of the utmost concern to our city."

While the school hasn't been formally served, Durso said the school is aware of an ongoing investigation into the activities of Toltz. Bettencourt said he does not know the specific details of that.

Durso announced the suit in a press conference Wednesday morning on Zoom.

"It was important to get all the information out," he said. "One of the important things about this case is the period of time during which Toltz was a teacher."

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis