In early February families, lawyers and politicians rallied outside of the federal metropolitan detention center in Brooklyn known as MDC. Inmates complained they were freezing inside the federal lock up because they didn't have heat or electricity.
Now, federal public defenders say inmates have been punished for shedding light on the issue.
"People who spoke to the news, spoke up in court and complained about the MDC have been put in solitary,” Deirdre Von Dornum of Federal Defenders said.
And she says she's received reports that currently, three inmate cells don't have heat.
On Friday, Federal Defenders and their lawyers were in court arguing that they should be able to sue the bureau of prisons because they did not have access to their clients when the electricity was out at MDC. They want the courts to mandate that they'll always have access inside the prison to clients, many whom are awaiting trial.
But federal Judge Margo Brodie told them as lawyers they didn't have the legal right to sue, but rather the inmates should be suing.
"For people in jail to sue the jail risks retaliation. Whereas we can do it without that risk. They have to go back to the jail they are suing every day,” Dornum added.
They are now considering adding inmates to their suit.
The judge told federal defenders if any issue comes up with access to inmates that she should be contacted right away because the court is available 24 hours a day.
Some inmates have brought a separate class action case against the government. They're suing for monetary damages because of suffering they endured.
"Hopefully the bureau pf prisons will follow its own regulations and respect the constitutional rights of everyone within its own custody,” Attorney Joshua Matz said.
The prison has said the heat and power issue earlier this year was caused by an electrical fire.
And it denies the heat is out again telling NY1 everything is operating normally in the facility.
"We certainly have the attention of the court. I think we have the attention of many judges in the courthouse. And I think that attention brought to this issue can only mean good things moving forward," said Attorney Jenna Dabbs.