Winter Garden man faces calls for trial in Peabody abuse suit

Forty-six plaintiffs who claim they were abused as children now are seeking a jury trial against a former Massachusetts teacher living at a Winter Garden address.

Three years after a civil lawsuit was filed, the plaintiffs against the city of Peabody, Massachusetts, and retired physical education teacher James Toltz now are seeking to bring their case in front of a jury.

Toltz, 83, who, according to records, moved to a Winter Garden address in 2020, is accused of abusing dozens of children over 27 years.

The case centers on former students who have come forward with allegations of sexual abuse by Toltz, a former teacher and coach at Higgins Middle School and JFK Junior High School in Peabody, Massachusetts. These allegations span from 1969 to 1996, implicating Toltz in repeated misconduct during his tenure at both schools.

About 46 individuals have accused Toltz of abuse, describing a pattern of predatory behavior that continued unchecked for nearly three decades. 

According to court documents filed in November 2022, Toltz allegedly “provided cocaine to several plaintiffs at Higgins, JFK and at his private residence.” 

The legal battle against Toltz and the city of Peabody began with multiple individual lawsuits filed by survivors, many identified only as “John Does” to protect their identities. Each plaintiff initially pursued claims separately, which limited the scope and visibility of the allegations.

Since the filing in 2022, 13 plaintiffs demanded the court to declare the case as class action. This change would allow all survivors who experienced similar abuse by Toltz to be represented collectively under a single legal case. By consolidating these claims, the class action provides a unified voice for the survivors and simplifies the legal process. Since then, 33 more plaintiffs have been added to the case, with each amended complaint demanding the case be class action. 

In addition to the sexual abuse claims, the plaintiffs also reported experiencing severe emotional and psychological trauma as a result of the alleged abuse by Toltz.

“The sexual assaults, batteries, abuses and/or rapes, perpetrated by defendant Toltz under the supervision of defendant Peabody, had the purpose or effect of interfering with plaintiffs … education by creating an intimidating, hostile, humiliating and sexually offensive educational environments,” court records state.  

In the same court document, plaintiffs allege the city of Peabody “knew, or in the exercise of reasonable care should have discovered, that defendant Toltz was engaged in illegal and inappropriate sexual conduct with children under his supervision.” 

They contend school officials and city authorities repeatedly failed to properly supervise Toltz or take disciplinary action, despite numerous warning signs and complaints. This alleged negligence allowed the abuse to persist unchecked, further victimizing the students under Toltz’s care.

Toltz, plaintiffs’ attorneys Mitchell Garabedian and Carmen Durso, and defense counsel William Breen, Zachary Wallack and Elizabeth Lashway did not respond to repeated requests seeking comment. 

The plaintiffs, all now adults, collectively are represented in the civil lawsuit. Toltz, however, remains unrepresented and has not appeared in court. 

The court proceedings now are moving forward with a timeline that includes upcoming hearings to address motions related to the possibility of a trial or settlement negotiations in the near future.

In an email update on the case to an anonymous plaintiff from Amanda L. Bryant, a member of the plaintiff’s legal team, Bryant said the team is “in the process of discovery, including exchanging information with counsel and scheduling depositions.” 

The plaintiffs and the city of Peabody asked the court to cancel the Final Pretrial Conference originally scheduled for April 1, 2025, and instead hold a Rule 16 Conference— a court meeting designed to help manage complex litigation. Their motion explains the case involves unusually complex circumstances, including events that allegedly occurred many years ago, a large group of plaintiffs and a key individual — former physical education teacher Toltz — who is now elderly and reportedly ill. 

“The parties state that they have encountered considerable difficulty in advancing this case rapidly due to the amount of time since the events alleged,” court records state. “The number of claimants suing together in one suit under pseudonymous names, the lack of ready access to the alleged perpetrator, who is long since retired and living outside the commonwealth.”

On March 31, Judge Camille Sarrouf granted the motion, rescheduling the Final Pretrial Conference and allowing the parties’ request to amend the scheduling order. A Rule 16 Conference is set for June 2, 2025. At that time, the judge and attorneys will meet to evaluate the status of the case and establish a new, reasonable timeline for its progression. This conference aims to help both sides coordinate their efforts and move the case toward a jury trial, which both parties have agreed is the appropriate resolution.

In a letter sent to the Observer, a writer who identifies as a former student of the accused teacher, blasts the city of Peabody’s December 2024 legal response to the ongoing abuse lawsuit. 

The author addresses the letter “to the neighbors of Toltz,” accusing city officials of “ducking responsibility,” dismissing their legal defense as a “disgraceful dodge” and urging community members to stay vigilant. While the author of this letter will not be named, the author is a plaintiff in this case. 

“The city’s so-called ‘investigation’ into the claims is another red herring. … If it’s an internal probe, it’s about as trustworthy as a fox guarding the henhouse,” the plaintiff wrote. “Peabody’s blanket denial of knowing about the alleged abuse is a convenient cop-out. … Schools don’t get to outsource accountability.”

TIMELINE: 

Aug. 16, 2022 — A group of anonymous plaintiffs filed a civil lawsuit against the city of Peabody and former physical education teacher James Toltz, alleging misconduct. To protect their identities, the court allowed the use of pseudonyms and ordered that their sworn affidavits — statements describing their experiences — remain sealed until the case is resolved.

Aug. 17, 2022 — Attorney Michael J. Heineman joined the legal team representing several of the plaintiffs.

Nov. 10, 2022 — The lawsuit was formally served to both Toltz and the city of Peabody, making them officially aware of the claims.

Nov. 30, 2022 — The plaintiffs filed an amended complaint, updating their original lawsuit to reflect new information and possibly new individuals involved.

Dec. 9, 2022 — Attorney Donald L. Conn Jr. appeared in court on behalf of the city of Peabody, signaling the city’s formal legal response.

May 22, 2023 — The plaintiffs requested a status conference — a hearing that allows the judge and attorneys to assess the progress of the case and decide next steps. This was approved May 25 and scheduled for June 12. However, that was delayed until July 17, 2023.

July 17, 2023 — At a rescheduled status conference, all parties agreed to a 90-day pause in discovery, the legal process where both sides collect and exchange evidence. The discovery stay likely was intended to give the parties more time to address ongoing developments in the case.

Oct. 19, 2023 — A subsequent status conference resulted in the court setting a Jan. 12, 2024, deadline for the defense to file a formal response to the lawsuit.

March 19, 2024 — A Rule 16 conference — designed to establish a schedule for the rest of the case — was set but later rescheduled.

April 23, 2024 — The rescheduled planning meeting was ultimately canceled at the plaintiffs’ request.

Oct. 3, 2024 —  Plaintiffs filed a motion to amend the complaint once again, seeking to add more individuals to the lawsuit. This brought the total number of John Doe plaintiffs to 41.

Oct. 7, 2024 — The court approved the changes. A second amended complaint officially was filed, now listing 46 plaintiffs.

April 1, 2025 — A final pre-trial conference was on the court’s calendar but was rescheduled by the court without a specified reason.

June 2, 2025 — A new Rule 16 conference is scheduled, where attorneys and the judge will revisit deadlines and trial planning.