A New Jersey inmate at the Metropolitan Detention Center (MDC) in Brooklyn is taking legal action against New York law firm Napoli Shkolnik PLLC, alleging negligence and malpractice.
The lawsuit filed by plaintiff Joshua Mirabal details an attack Mirabal suffered while incarcerated and the subsequent handling of his legal claims by the defendant law firm. According to the complaint, Mirabal was attacked on July 10, 2019, by fellow inmate Quincy Vital. The incident left Mirabal with severe injuries, including facial scarring that he alleges has endangered his safety within the prison system. The complaint states that prior to the attack, MDC staff were aware of Vital’s violent tendencies and mental health issues but failed to take appropriate steps to prevent harm to other inmates. Despite this knowledge, Vital was returned to the general population, where he attacked Mirabal.
The complaint further alleges that after the attack, MDC staff denied Mirabal timely medical attention and retaliated against him with solitary confinement under false pretenses. He claims these actions reflected deliberate indifference to his safety and violated his constitutional rights under 42 U.S.C. § 1983.
Mirabal’s legal action against Napoli Shkolnik PLLC centers on the firm’s alleged failure to properly manage his claim following the incident. He asserts that the firm began representing him in early 2021 but missed key deadlines under the Federal Tort Claims Act after receiving a denial letter from the Bureau of Prisons. As a result, Mirabal alleges he was forced into a settlement with federal authorities for $20,000—an amount he believes was significantly lower than the potential value of his claim.
Mirabal is seeking damages of no less than $5 million, alleging that the firm’s negligence led to financial losses and denied him adequate recourse for his injuries.
The plaintiff is represented by attorney Eric E. Rothstein of Rothstein Law PLLC. The case was filed in the United States District Court for the Eastern District of New York under case number 1:25-cv-03472.72.