According to his attorney Jennifer Bonjean, the disgraced singer is not suicidal and she added that Kelly had been afraid of being put on suicide watch.
She called the suicidal watch placement "illegal."
"We are in the process of filing an emergency rule to show cause with the courts," the statement read. "MDC Brooklyn’s confinement of Mr. Kelly to suicide watch is illegal, and they will be held accountable for it."
“The irony of putting someone on suicide watch when they’re not suicidal is it actually causes more harm,” said Bonjean.
“It’s punishment for being high-profile. And it’s horrifying frankly,” she continued. “To put someone under suicide watch under those conditions is cruel and unusual when they don’t need it.”
Bonjean said she asked Kelly to email her once he was taken back into the federal Metropolitan Detention Center in Brooklyn after his sentencing Wednesday but never got an email from him. She was unaware of his status at the detention center until prosecutors requested information from the facility.
Kelly was sentenced to 30 years in federal prison for one charge of racketeering and eight counts of violations of the Mann Act, a sex trafficking law.
Since 2019, Kelly has been jailed in Brooklyn.
He still faces child pornography and obstruction-of-justice charges in Chicago, where the trial is scheduled to begin on August 15, 2022.