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Family of Del Oro High School Student File Lawsuit Against Teacher Following Inappropriate Text Messages

LOOMIS -- The family of a Del Oro High School student in Loomis has filed a lawsuit against a teacher and the Placer Union High School District.

The lawsuit filed in the Placer County Superior Court alleges emotional distress and that Del Oro High School band director Ben Duncan is unfit to be a teacher at the school.

The plaintiffs in the lawsuit are Jacob and Heidi B -- leaving out their last name for anonymity in the lawsuit -- and their teenage daughter listed only as Jane Doe.

FOX40 first spoke with Jacob back in May after he discovered what he says were inappropriate text messages from Duncan to his daughter.

"The school district has all this information, they know that he texted my daughter all night long, for months, thousands and thousands of texts -- is that acceptable? Things like I love you, come live at my house," Jacob said.

Jacob says many of the texts happened late at night and early in the morning, and in some cases Duncan asked Jacob's daughter to come stay with him and told her that he loved her.

Jacob said the texting exchange began when his daughter was only 14. She is now 17 years old.

"I want him to be fired, and I want the kids protected, that's it, I want to create awareness, I want other parents to know that Del Oro can't be trusted at the moment," Jacob said.

FOX40 reached out to the Placer Union High School District who confirmed the Duncan is still employed at Del Oro High School.

The district sent FOX40 a statement that reads:

"The safety and well-being of our students is of the utmost importance and overarching priorities to the District and these allegations are taken very seriously. At this time, the PUHSD has not been served with this alleged/potential lawsuit and are, therefore, unaware of the litigation. District protocol is to not comment on potential litigation and the district is adhering to that protocol.” 

Jacob and his family are being represented in the lawsuit by Southern California attorney David Ring.

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