Haverhill fights lawsuit brought by victim of former library director

By Mike LaBella
Staff Writer

May 12, 2008 01:36 am

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HAVERHILL — Former public library Director Howard Curtis has gone to prison for sexually abusing a child, but a civil suit against the city over his actions remains — and $2.5 million hangs in the balance.

Haverhill is trying to get the civil case dismissed in court, saying the city is not responsible for Curtis' actions. He pleaded guilty last week to two counts of sexual abuse on a child under 15, crimes that date back to when he was library director two decades ago.

The victim's lawyer has notified Haverhill that it can avoid a trial by paying $2.5 million to settle the civil suit, according to documents received by the city. If the case goes to trial and Haverhill is found responsible, the city could be ordered to pay the $2.5 million, or a higher or lower amount. The victim's lawyer, Lisa Arrowood of Boston, said it would be up to a jury to decide what amount her client would receive.

The city's lawyer, City Solicitor William Cox Jr., said he feels confident Haverhill will not be found liable.

"If it was, we would be looking to its insurance providers to cover the judgment," Cox said.

If the city lost a substantial amount of money in the case and was not covered by insurance, the loss would complicate Haverhill's already tough financial picture, which each year feels the strain of paying $7.5 million toward the debt on the old Hale Hospital. Haverhill sold the hospital to a private company in 2000, but continues to pay a debt on the building.

The civil suit contains pages of allegations, including accusations that Curtis sexually molested the victim and two other boys on numerous Boy Scout camping trips throughout Massachusetts and New Hampshire. The man bringing suit also alleges Curtis sexually abused him at two of Haverhill's most historical sites — Kimball Tavern in Bradford and the birthplace of John Greenleaf Whittier — as well as at the public library, where Curtis was a director from 1981 to 1996.

The suit indicates that Curtis began sexually abusing two 12-year-old boyhood friends from Haverhill beginning around 1974 and that the abuses continued for years. The two had joined a local Boy Scout troop when Curtis was an assistant Scoutmaster.

The 34-year-old New Hampshire man who is suing the city alleges he was sexually abused beginning around 1983, when he was 11 years old. The suit says that when the boy was 13, Curtis recruited him to work at the library and that Curtis continued to prey on the boy by sexually molesting him at the library and other places.

Cox said the suit against the city should be dismissed based on several arguments, including that the man waited too long to file the suit.

"No civil action shall be brought more than three years past the date of the cause of action," Cox said. "There is something called the discovery rule, which can extend the three years if the plaintiff has knowledge that he was harmed and as to the cause. So in this instance, when did he know that it was Curtis' conduct that caused him harm? He has not provided an explanation of why he delayed filing his suit."

Cox also argues that the alleged sexual abuse was outside of Curtis' job responsibilities as library director and that the city knew nothing of the abuses.

"What could we have done to prevent it if we didn't know about it?" Cox said. "If the city knew about it somehow, and did nothing, that would be a different story."

Cox said his other defense is that by state statute, there are only certain negligence claims that can be raised against a public employer, like the city of Haverhill, or its employees.

"There are limited grounds on which you can sue a city or town," Cox said. "One limitation is that the actions that someone complains of has to be within the defendant's job responsibilities. In this case, the sexual abuse of a minor is not within the scope of a municipal employee's job responsibilities."

The suit says Curtis used his position as library director to recruit the victim to work at the library, and that some of the sexual contact happened there. The suit says Curtis also sexually abused the victim at the historical Whittier Birthplace, where Curtis was caretaker of the property for the city and lived for a time.

Cox said he is waiting for a response from the federal court where the suit is filed on when he can present his arguments.

"As unfortunate as these allegations are, the city's position is we don't have any liability," Cox said. "In fact, it was the city that took the victim's allegations to the police, which led to Curtis' recent conviction."

Last week in Salem Superior Court, Curtis, 58, pleaded guilty to two counts of sexual abuse of a child and was sentenced to four to six years in state prison.

The New Hampshire man is suing Curtis, the city of Haverhill, the Boy Scouts of America National Council, Boy Scouts Yankee Clipper Council Inc., formerly known as the Lone Tree Council, and four Scout officials.

Howard Curtis' history

Grew up in Haverhill

June 1974 to July 1981: Haverhill Public Library worker; started as senior page, worked his way up to librarian.

July 1981: Named acting director of Haverhill library.

August 1981: Named library director.

June 16, 1996: Resigned from the library to become director of the Corona, Calif., Public Library.

June 2005: Resigned from the Corona library.

Jan. 2006: Named director of Beverly library, but refused the offer weeks later.

May 2006: Named director of the West Tisbury Free Public Library on Martha's Vineyard.

April 2007: Resigned from the West Tisbury job.

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