PEABODY — The lawsuit against a former Peabody gym teacher accused of sexually abusing dozens of students is trickling forward.
The class-action suit against James Toltz, 83, and the City of Peabody was first filed in 2022, and is now looking at a trial date of July 2027.
In a joint filing submitted to Middlesex Superior Court in March petitioning the court to postpone a pre-trial conference set for April 1, attorneys representing the city and the 46 men accusing Toltz of sexual assault said they “have encountered considerable difficulty in advancing this case rapidly.”
The men, all listed as John Does in court documents, said Toltz sexually abused them when they were between the ages of 12-18 while he was a teacher and coach at John F. Kennedy Junior High and Higgins Middle School in Peabody from 1967-1996.
Both parties say several factors has made the case difficult to pursue.
Issues include the time passed since the alleged incidents occurred, the number of claimants suing together under pseudonymous names, a relative lack of records, witnesses and information because of the sensitive nature of the allegations and the fact that Toltz has long been retired from teaching and now lives in Winter Garden, Florida.
The city has also struggled to identify the extent of insurers and insurance coverage potentially available and has been unable to respond to the plaintiff’s written discovery that was served in November 2024, “but is working diligently to do so,” attorneys said in the filing.
Toltz has not named an attorney to represent him in the matter and, because he is elderly, believed to be ill and living outside the state, it’s unlikely he will actively participate in the case, according to the filing.
A Rule 16 Conference to determine the timeline of the case’s proceedings was held Monday after Judge Camille Sarrouf agreed to postpone the April pretrial conference.
A trial in the case is scheduled for July 17, 2027, with the final pretrial conference scheduled for April 14, 2027.
Both the city and the class action members have called for a jury trial.
The suit alleges 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.
While the complaint includes 46 plaintiffs, attorneys for the plaintiffs say more than 50 victims have come forward and there could be more than 500 former students who were abused by Toltz.
Contact Caroline Enos at CEnos@northofboston.com.