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APPENDIX 2


# OTHER MDC BROOKLYN HVAC ISSUES

According to MDC Brooklyn repair records and written statements, we determined that between December 2017 and June 2019 heating and cooling coils in 21 of the West Building’s 58 air handler units burst, requiring repair or replacement. Of the 21 air handlers that have required coil repair, 15 served inmate housing areas. When air handler coils burst, hot or cold water cannot flow through the coils and the air handler unit cannot efficiently warm or cool air (depending on the season). We also found that burst coils have caused flooding and overhead water damage at MDC Brooklyn. According to the MDC Brooklyn Facilities Manager, facilities staff can repair existing coils or replace coils entirely. He explained that temporary repairs can be made within 24 hours. During fiscal year 2018, MDC Brooklyn also purchased and installed 12 new coils, with the largest coils costing more than $5,700.

In late May 2019, after our initial visits to MDC Brooklyn, two of the West Building's three chillers stopped working. According to MDC Brooklyn, the one operational chiller is able to maintain temperatures in the building in accordance with BOP policy. While awaiting repairs to the two nonoperational chillers, MDC Brooklyn installed a temporary chiller in case the remaining, operational chiller experienced a failure.

A Unit 6-2 air handler coil began leaking on June 3, 2019. $ ^{69} $ The coil needed to be replaced, which made air conditioning temporarily unavailable in parts of the unit. On June 5, staff installed a temporary coil, which restored air conditioning, and ordered a replacement for the coil that had failed. MDC Brooklyn's air handler coils are not "off the shelf" products and, as a result, must be manufactured. The replacement coil was delivered on July 17 and installed the next day, according to MDC Brooklyn management.

69 Unit 6-2 also experienced a coil failure and temperatures as low as 59 degrees just before the power outage.

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EFTA00127794

APPENDIX 3

JUDICIAL ACTIONS RELEVANT TO THE MDC BROOKLYN FIRE AND POWER OUTAGE

<table><thead><tr><th>Case</th><th>Court</th><th>Actions</th><th>Date</th></tr></thead><tbody><tr><td>United States v. Dino Sanchez</td><td>EDNY</td><td>The attorney for the defendant described to the court his understanding of the power outage and conditions of confinement.</td><td>January 31, 2019</td></tr><tr><td>United States v. Segura-Genao</td><td>SDNY</td><td>The attorney for the defendant described to the court his understanding of the power outage and conditions of confinement.</td><td>February 1, 2019</td></tr><tr><td>In Re the Matter of Conditions at the Metropolitan Detention Center, West Building, Brooklyn, New York</td><td>EDNY</td><td>The court authorized a representative from the Federal Defenders of New York and the U.S. Attorney&#x27;s Office for the Eastern District of New York to tour the West Building.</td><td>February 1, 2019</td></tr><tr><td>Federal Defenders of New York, Inc. v. Federal Bureau of Prisons and Warden Herman Quay</td><td>EDNY</td><td>The court issued a temporary restraining order requiring MDC Brooklyn to hold legal visiting.</td><td>February 4, 2019</td></tr><tr><td>United States v. Segura-Genao</td><td>SDNY</td><td>During an evidentiary hearing, Judge Analisa Torres toured the West Building.</td><td>February 5, 2019</td></tr><tr><td>Ak v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed April 8, 2019</td></tr><tr><td>Alicea v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed April 9, 2019</td></tr><tr><td>Atkinson v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed March 19, 2019</td></tr><tr><td>Hardy v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed April 12, 2019</td></tr><tr><td>Haskins v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed April 25, 2019</td></tr><tr><td>Richardson v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed March 20, 2019</td></tr><tr><td>Saeed v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, the plaintiff inmate alleged a series of harms caused by the power outage.</td><td>Filed April 8, 2019</td></tr><tr><td>Scott et al. v. Quay</td><td>EDNY</td><td>During this ongoing civil lawsuit, plaintiff inmates alleged a series of harms caused by the power outage.</td><td>Filed February 22, 2019</td></tr></tbody></table>

Note: EDNY=Eastern District of New York; SDNY=Southern District of New York.

Source: LexisNexis, “CourtLink,” www.courtlink.lexisnexis.com (docket information current as of August 23, 2019)

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