Bergen County, hoping to avoid civil litigation over a 2017 jail attack that left the son of late reggae icon Peter Tosh with severe brain injuries, is arguing to a federal judge that it does not oversee the jail and does not control the sheriff or his officers.

The mother of assault victim Jawara McIntosh filed the eight-count lawsuit in February, alleging the county, ex-Sheriff Michael Saudino and a group of sheriff’s officers condoned a “fight club culture” at the Hackensack lock-up.

Frank P. Kapusinski, an assistant county counsel, filed a brief on July 24 asking the judge overseeing the case to dismiss the charges against the county because the county and the sheriff are two separate entities, leaving the county with no liability for the attack on McIntosh.

“The county does not operate the Bergen County jail, nor is the county the custodian of the prisoners there — instead, the sheriff is,” the brief reads.

The attorney for McIntosh's family and the county spokesman declined to comment.

Bergen County Sheriff Anthony Cureton said in a statement that allegations about a "fight club culture" has no basis in fact.

"While we are all saddened by the incident, there was nothing the jail staff could have done to prevent the sudden attack or the resulting injury to Mr. McIntosh," Cureton said.

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The county also argues that it is immune from charges in this case because another inmate was responsible for the assault. Kyrie Baum was charged with aggravated assault after the attack and is serving a 10-year prison sentence.

Private firm Chasan Lamparello Mallon & Cappuzzo is representing the sheriff’s office. Saudino, who was sheriff at the time of the attack, stepped down in September after a recording surfaced of him making racist and homophobic remarks.

McIntosh was in Bergen County's jail after pleading guilty to possessing marijuana. Mahwah police say they found 65 pounds of pot in a car McIntosh was driving in. His attack came on day 45 of his six-month sentence, according to his mother's lawsuit.

The lawsuit alleges Baum was known to sheriff's officers as a violent offender with a psychiatric history. He attacked McIntosh after a verbal altercation that officers failed to de-escalate, the lawsuit claims.

McIntosh now lives in Boston, where his mother and sister care for him, the family said in June.

Tosh, a founding member of the Wailers, was murdered in 1987 after gunmen attempted to rob him in his home.

Email: mcdonaldt@northjersey.com