insure his future appearance before the Courts. Upon plaintiff's arrival at the Tombs, he was given a physical examination by a Doctor, given a clean bill of health and placed in a cell. On May 10, 1971, by order of the Court, plaintiff was transferred to Kings County Hospital for mental evaluation. Again, he was examined by physicians and given a clean bill of health. On June 4, 1971, plaintiff was returned to the Tombs. He was placed on the tenth floor (this floor being used for detoxification of drug addicts). However, the plaintiff did not belong on the tenth floor, because he has never used narcotics in his life. After being on the tenth floor for about a week, the entire floor was transferred to the ninthfloor. This floor was dirty, unsanitory [sic] and rat infested. On or about the 15th day of June, 1971, plaintiff filed a hand written writ of habeas corpus to the Hon. Vito J. Titone, J.S.C., of the Richmond County Supreme Court, complaining of cruel and unusual punishment. However, this application was never answered, but, the plaintiff was removed from the ninth floor, and placed in general population. While on the ninth floor, plaintiff witnessed several very sick men, including yellow jaundice. Plaintiff feels that during his incarceration on the ninth floor, he contracted TUBERCULOSIS. Plaintiff was to remain in general population until January 14, 1972, at which time he was transferred to the Riker's Island Hospital because of the aforementioned illness."
It is unclear exactly how long the plaintiff