Another judge ordered the jail, known as the Metropolitan Detention Center, to allow inmates to begin meeting with their lawyers. Legal visits were canceled last week, leading to claims that inmates’ constitutional rights to counsel were being violated.
At least four other federal judges, in Brooklyn and Manhattan, were said to be calling hearings to examine complaints of deteriorating conditions at the jail, which holds more than 1,600 federal inmates, most of whom are awaiting trial and have not been convicted of a crime.
The judges’ concerns came after reports that inmates had been locked down in frigid and dark cells, huddling under blankets, in the jail, which sits along the waterfront in Sunset Park, Brooklyn.
The heating issues began in late January, when plummeting temperatures caused parts of the heating system to fail, according to leaders of the correction officers’ union.
The power issues, which began earlier that month, culminated in an electrical fire Jan. 27 that put the facility on “emergency power.” For a week, inmates were held on partial lockdown, without access to phones or computers they use to request medicine, according to federal defenders, who began to receive calls from their clients in the jail.
After news reports appeared describing the conditions, federal defenders and elected officials demanded to tour the facility, and protesters set up camp outside. On Sunday, protesters who attempted to storm the jail were pushed back, and said they were pepper-sprayed. The Bureau of Prisons has not confirmed if pepper spray was used on the protesters. There were no arrests.
The power was restored Sunday night, and federal officials said Monday that the heat was working. But there were conflicting accounts about whether all inmates had access to heat.
On Monday, the U.S. Department of Justice issued a statement saying it would step in and “examine what happened” at the jail and would ensure the problems with the heat and electricity would not occur again.
Some legal visits resumed Monday but were quickly ended midmorning after police said a staff member at the jail received a bomb threat. Authorities evaluated the threat, and the jail returned to “normal” operations, according to a statement issued by the Bureau of Prisons.
The growing crisis over the jail, meanwhile, also became a focus of the entire U.S. District Court bench in Brooklyn, where the court’s judges were planning to meet to discuss jail conditions, according to a letter filed by federal prosecutors in Manhattan in a case that involved an inmate being held in the Brooklyn facility.
The judges may also ask federal officials to attend that meeting and discuss the jail conditions with them, the letter said.
A number of the inmates are being prosecuted in U.S. District Court in Manhattan, and the judge in one such case, Analisa Torres, plans to tour the jail Tuesday, a court spokesman, Edward Friedland, confirmed.
The judge will be accompanied Tuesday by a senior lawyer with the federal defenders office, Deirdre von Dornum, and an investigator with the U.S. attorney’s office in Brooklyn, both of whom visited the jail Friday night at the order of the chief judge there, Dora Irizarry, who said she wanted to “obtain current and comprehensive information” about jail conditions.
“I think it’s important that the judge see the conditions at the MDC firsthand,” von Dornum said, adding that there “may have been significant changes in those conditions in recent days.”
Torres had already ordered Bureau of Prisons officials to appear before her at a hearing Tuesday to examine the inmate’s claims about conditions at the MDC. The judge is to tour the jail after hearing testimony in court about the case.
Prosecutors in the case before Torres asked late Monday that she postpone the hearing, saying that “living conditions at MDC are evolving and continue to require intensive work by MDC personnel.”
The letter argued that jail personnel were “fully occupied with bringing MDC back to full operation and addressing issues caused by the loss of power.”
Furthermore, the letter said, “numerous urgent court proceedings regarding living conditions at the jail” had been scheduled and required “simultaneous attention” by prisons officials.
“Denied,” Torres wrote in response to the request for a delay.
The problems at the jail were highlighted at a hearing in Brooklyn federal court Monday after the city’s federal public defender’s office sued the Federal Bureau of Prisons and the jail’s warden, citing what it said was a “humanitarian crisis” at the MDC.
In saying that she would order the resumption of legal visits for inmates, the judge, LaShann DeArcy Hall, said, “There is no question that it is the inmates’ right.”
Hall said concerns raised by the government about security at the jail did not permit “the wholesale denial” of detainees’ right to counsel.
The judge added that she did not want to micromanage prison operations but said the plaintiffs had met their burden of proving that the court’s intervention was needed in this case, and she defended the right of the court to do so.
“If not the courts, then who?” Hall said.
She said another request by the federal defenders, for the appointment of an independent arbiter or special master to investigate the situation at the jail, would be taken up at a hearing next week.
This article originally appeared in The New York Times.