Harvey Weinstein’s lawyers have filed a legal claim against New York City, alleging that he is receiving substandard medical treatment in unhygienic conditions while in custody at the notorious Rikers Island jail complex.

The notice of claim, which is the first step in filing a lawsuit against the city, accuses the facility of failing to manage the former movie mogul’s medical conditions, which include chronic myeloid leukaemia and diabetes, and negligence ranging from “freezing” conditions to a lack of clean clothes.

The city’s law department and Department of Correction did not immediately respond to requests for comment.

Weinstein’s lawyer Imran H Ansari compared the facility to a “gulag”, adding: “When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear – hardly sanitary conditions for someone with severe medical conditions.”

The 72-year-old Weinstein has been in city custody since earlier this year, after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing.

The former movie mogul was briefly taken to hospital in April and again in July for health problems.

His team has said he has been treated for diabetes, high blood pressure, spinal stenosis, Covid-19, and fluid on his heart and lungs.

The legal claim, which seeks five million dollars (£3.9 million) in damages, argues he had been returned to Rikers each time before he had a chance to fully recover.

Weinstein’s film production company went into bankruptcy proceedings after his convictions, setting up a 17 million dollar (£13.5 million) fund for a sexual misconduct claims fund.

The Rikers Island jail is slated to be closed in 2027, but the city has pushed back on deadlines to do so.