A former Hilldale High School band director answered two civil rights suits filed in Muskogee federal court by the parents of two minors.

The parents’ suits allege Danny Brian Giacomo, 37, exploited his teacher/student relationship and his adult status to coerce, force and intimidate two girls to engage in acts of affection. One girl was 14 at the time of the allegations and the other was 15.

Giacomo denied some allegations Friday and declined to answer others based upon his “constitutional rights.”

One couple seeks damages of $5 million and punitive damages of $1 million. The other couple seeks more than $75,000 each on numerous damage complaints.

Richard S. Toon, the parents’ attorney, said the parents are asking whatever the jury thinks is fair and reasonable.

Both suits also name Hilldale Independent School District I-29 and Hilldale Public Schools Board of Education as defendants.

Toon said Friday that an out-of-court settlement in either case is not likely.

“I fully intend on them going to jury trial,” Toon said.

He also said he expects the trials to be set in August or September at the latest.

Giacomo’s attorney Richard O’Carroll said they are “studying all our options.”

Giacomo also faces multiple felony charges in Muskogee and Custer counties involving second-degree rape of juveniles he taught as band students, lewd molestation and sodomy.

He was a band director at Hilldale High School in 2006, when the alleged civil rights infractions and felonies occurred.

Hilldale Superintendent D.B. Merrill could not be reached for comment.

The attorney for the school district and the school board did not return calls. However, Karen L. Long, of the Tulsa firm of Rosenstein, Fist & Ringold, stated in a court document:

• The plaintiff has failed to state a claim against the district upon which relief can be granted under either federal or state law.

• Members of the Hilldale School District Board of Education were acting in their official capacities and are not subject to suit under the Oklahoma Governmental Tort Claims Act.

• The school district defendants’ conduct, with respect to the plaintiffs, complied with state and federal law.

• To the extent Giacomo engaged in the actions claimed by plaintiffs, he acted outside the scope of his employment and school district defendants are immune from liability arising from his alleged actions. And school district defendants had no actual notice of the alleged actions by Giacomo.

Both suits allege the school knew or should have known of Giacomo’s alleged unconstitutional acts and misconduct — because it was so widespread and flagrant. The suit alleges the school failed to maintain an appropriate system of review of sexual abuse and harassment claims.

The suits allege Giacomo would give the plaintiffs favorable or special treatment in his class or activities, send messages expressing his affection and desire for them.

The suit alleges Giacomo sexually assaulted the 14-year-old in a Hilldale classroom, Giacomo’s home, vehicle and other locations while attending school functions.

Reach Donna Hales at 918-684-2923 or Click Here to Send Email