A lieutenant from the Federal Bureau of Prisons at U.S. Penitentiary McCreary in Pine Knot, Kentucky, has been indicted by a federal grand jury for civil rights violations. The indictment accuses Zachary Toney of using unlawful force against an individual and falsifying records to obstruct an investigation.
According to the indictment, Toney allegedly kicked and struck a handcuffed victim repeatedly, causing bodily harm. He then documented a false account of the incident, omitting the use of force and claiming no injuries occurred. Additionally, Toney reportedly instructed correction officers to exclude observations of his actions from their reports.
Deputy Attorney General Lisa Monaco stated, "The Justice Department’s mission is to protect the civil rights of all Americans, including those who are incarcerated." She emphasized accountability for any abuse of authority within the Federal Bureau of Prisons.
Assistant Attorney General Kristen Clarke noted that correctional officers must respect constitutional rights and report misconduct honestly. Inspector General Michael E. Horowitz remarked on the trust placed in FBOP employees to maintain safety and humane conditions for inmates.
U.S. Attorney Carlton S. Shier IV reaffirmed commitment to lawful custody and care for inmates under government supervision.
If convicted, Toney could face up to 10 years in prison for deprivation of rights and up to 20 years for each count related to falsification of records and witness tampering. Sentencing will be determined by a federal district court judge based on guidelines and statutory factors.
The case was investigated by the Justice Department's Office of the Inspector General and FBI, with Assistant U.S. Attorney Zach Dembo and Trial Attorney Tara Allison prosecuting.
FBOP is focused on addressing misconduct within its ranks while collaborating with law enforcement partners. They emphasize that any indictment is an allegation until proven guilty beyond a reasonable doubt in court.