The attorney representing a Bayonne man who has filed a civil lawsuit alleging police brutality says the city's municipal court and city's Prosecutor's Office should be held in contempt of court for withholding documents that were subpoenaed in federal court.

Attorney Joel Silberman filed a motion in federal court last week in which he claims the municipal court and city's Prosecutor's Office have failed to provide documents in their possession related to the Aug. 29, 2010 arrest of Jason Rios, 38.

The civil suit alleges that on that date, city police officers pepper-sprayed Rios, knocked him out cold and arrested him for no reason. Police have said that Rios was acting in a "threatening manner."

In the motion filed last week, Silberman states he served subpoenas on the municipal court and Prosecutor's Office in September, and both entities responded in November by giving him documents other than what he requested.

Silberman said he followed up with a Jan. 22 letter reiterating his request for the documents he originally asked for, but was again rebuffed.

In a Jan. 30 letter to Silberman, Kenneth P. Davie, the Harrison-based attorney representing the city and other defendants in this matter, states that he "strenuously" objects to Silberman's suggestion of "any misconduct by the City of Bayonne, its municipal offices, or this office."

On Thursday, city Law Director Jay Coffey said in a statement that Silberman's effort to get the federal court to find city agencies in contempt was "without merit," adding "the appropriate opposition submissions will be made by our attorneys to the court."

"The court has already summarily dismissed as unfounded many of the plaintiff's claims against the city of Bayonne's police department and all of the plaintiff's claims against former Police Chief Robert Kubert and (Lt. Robert Deczynski)," Coffey stated.

Besides Kubert and Deczynski, the suit's original complaint named as defendants the city, the police department, Sgt. Franco Amato and Officers James Mahoney, Joseph Saroshinsky and Roman Popowski.

Coffey added that "collateral attacks against other city departments will not result in the city entering into a settlement."

On Jan. 15, one of Rios' former attorneys provided Silberman with some of the documents he was seeking to obtain through his September 2014 subpoenas. The documents included a record of Rios' criminal history and the attorney's motion to dismiss the criminal case against Rios, Silberman said.

Believing these documents were deliberately withheld from him by the municipal court and Prosecutor's Office, Silberman filed the motion seeking the contempt order.

In the meantime, the city's Prosecutor's Office is still pursuing criminal charges against Rios in a separate matter. That case was recently transferred from the Bayonne Municipal Court to the Hoboken Municipal Court.

Jonathan Lin may be reached at jlin@jjournal.com. Follow him on Twitter @jlin_jj.