JaMichael Bryant with his mother, Shontae Davidson.
HANCOCK COUNTY — Officials with the Hancock County Community Corrections program won’t say if the three county employees named in a federal civil lawsuit for violating an inmates’ civil rights have been reprimanded. Wade Kennedy, the executive director of the county’s Community Corrections program did not return phone calls or emails from the Daily Reporter regarding a recently filed lawsuit against his department. However, the County Commissioners addressed the employees actions indirectly via a statement.
The lawsuit states, “the individual defendants’ conduct was brought to the attention of Hancock County, who, based on information and belief, has decided to retain the offending employees without discipline or termination.”
The federal lawsuit, filed Friday, May 19 is against the Hancock County Board of Commissioners and three Hancock County Community Corrections officers — Daniel Devoy, field officer; Thomas Smith, field officer; and Nicole Raffaelli, detention coordinator.
While the County Commissioners would not answer specific questions about the employees or the lawsuit, they did release a statement, which reads, “The Hancock County Board of Commissioners has conducted an investigation of the conversation among three Hancock County Community Correction’s employees concerning Mr. Ja’Michael Bryant. On behalf of Hancock County, The Board is extremely disappointed with, and does not condone the absolute lack of professionalism and thoughtlessness demonstrated by the employees in this profanity laced discussion of Mr. Bryant. Accordingly, the Director of Community Corrections has disciplined the employees pursuant to Hancock County Policy with a Letter of Reprimand for all three employees. This behavior is the antithesis of what is expected of all County employees, and is unacceptable under any circumstances.”
The lawsuit states Ja’Michael Bryant, 21, Indianapolis, a former inmate with the Hancock County Community Corrections program, was subjected to an unlawful and unreasonable discrimination based on his race. He also suffered embarrassment, humiliation, loss of income, and other damages, the suit states.
The civil case has been filed in the United States District Court for the Southern District of Indiana. The case is based on a voicemail. The lawsuit alleges racial discrimination and the violation of Bryant’s civil rights and outlines months of verbal abuse by officials in the Hancock County Community Corrections program.
According to court documents, Bryant, who is black, was convicted of dealing marijuana and sentenced to a year-and-a-half term through the Community Corrections Home Detention Program in November of 2022.
According to the lawsuit, in April, one of the field officers called Bryant, who did not answer the phone. However, the phone did not disconnect and recorded a conversation about Bryant by the three Community Corrections officers.
According to the audio, as well as the court documents, in the three-minute recording the three county workers are heard talking to each other about Bryant.
Devoy is identified as saying in the voicemail, “I’m like, wait a minute; I’m talking to him, and I was like ‘hey, and he’s like … uh, let me call you back I’m in the phone,’ and I’m running him and I’m like, ‘you lazy mother**cker, you haven’t left your house.’”
Devoy is then identified as saying, “Yeah, and it is, and that pissed me off, so I want to go see his ass; wake him the **ck up.”
Smith is then heard saying, “Remember, Nicole, when we moved him out of the hood? Look at that house.”
Raffaelli states, “that’s too nice for him…”
Rafaelli is also heard calling Bryant a “little thuggy.”
Devoy then says, according to the lawsuit, “And he’s got water in the back yard… **ck this mother**cker’s black *ss.”
Smith then adds, “Little mother**cker.”
According to court documents, Bryant resides in Marion County with his mother, who owns and operates a successful business. The lawsuit says as a result of her job the family was able to move into a larger, nicer home on the east side of Indianapolis.
Bryant’s mother secured the new home shortly after the commencement of Bryant’s home detention sentence. Bryant was required to make arrangements through Community Corrections for approval of the new address two weeks in advance, the lawsuit states. Bryant’s mother notified Community Corrections approximately two weeks in advance of the move in order to have the new address approved, the lawsuit states.
In December 2022, Bryant contacted Devoy to let him know the day had come to move to the new home. The lawsuit states Devoy immediately began cursing at Bryant by reminding him that Bryant is the “mother **cker on home detention” and denied Bryant permission to move.
Bryant’s mother heard the call and the inappropriate language from Devoy and contacted the Community Corrections supervisor to complain, the lawsuit states. Bryant was then given four hours to make the move. The lawsuit noted that Devoy was rude and disrespectful toward Bryant and sometimes cursed during their communications between December 2022 and March 2023.
Then in March 2023, Bryant’s home detention bracelet became non-responsive, and Devoy accused Bryant of intentionally damaging the device, the lawsuit said. However, Bryant took his device to Community Corrections and it was determined the device was defective.
As an apparent “punishment” for the defective device, Devoy self-imposed a punishment against Bryant, the lawsuit states, saying Bryant was not permitted to go to work for three days following the device failure. Devoy continued his campaign of harassment and Bryant remained bewildered as to what he may have done to offend Devoy, the lawsuit states.
The lawsuit continues saying Devoy’s decision to lock Bryant down for three of his workdays caused Community Corrections to file a violation against Bryant after he was unable to keep up with the payments due to the income loss caused by Devoy.
Bryant complied by providing pay generated by the payroll company utilized by Bryant’s mother. But, upon submitting the pay, as requested, Devoy immediately and without any justification, the lawsuit states, accused Bryant of providing false pay.
It was around this same time Devoy informed Bryant that Bryant “is not going to make it off house arrest,” the lawsuit states, noting Devoy boasted about sending his people to prison.
In April 2023, “the individual defendants unwittingly made clear the racist motive” behind their treatment of Bryant, via the voicemail, the lawsuit states.
Bryant’s probation supervision has since been transferred to Marion County, where Bryant has incurred no issues, Bryant’s lawyer stated in the lawsuit.
Bryant’s lawyer is asking for actual and compensatory damages; punitive damages in an amount sufficient to deter defendants from again engaging in the conduct described herein; reasonable attorney’s fees; litigation costs and expenses; and all other appropriate relief.
The lawsuit states, “the racial discrimination against Bryant was caused by Hancock County’s widespread practice of tolerating – or even encouraging – racial discrimination against African-American citizens under the supervision of its Community Corrections agency.”
