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Mostly Cloudy Fagen turns on ex council-mates
Disgraced former pol gave emails to bolster officers’ $39M lawsuit
Former Democratic City Councilman Mike Fagen, who was forced to step down last year after he was convicted of fraud, provided emails to help six Long Beach police officers in their lawsuit against the department and city that purportedly show that the current administration punished the officers for supporting Republican candidates for City Council and the County Legislature in 2011.
But city officials claim that the emails were forged and embellished, and are seeking to have the case dismissed.
“It’s indisputable that the emails were doctored, and by [the plaintiffs’] own admission, their credibility is damaged,” city spokesman Gordon Tepper said.
City Manager Jack Schnirman even called on the U.S. attorney’s office to investigate the matter. A spokeswoman there had no comment.
“The emails that we have certainly do [bolster our case],” said Eric Rothstein, an attorney for the current and former officers, “but it’s a small portion of the case. They’re important, but they’re only one piece of evidence.”
Two years ago, the six officers, who say they were demoted and reassigned shortly after Democrats regained control of City Hall, filed a $39 million federal civil rights lawsuit in U.S. District Court in Central Islip. An amended suit names the city, members of the City Council — including Fagen — Schnirman, Police Commissioner Michael Tangney, the Long Beach Patrolmen’s Benevolent Association, former PBA President Stefan Chernaski, the Long Beach Democratic Committee, and Steve Kohut, the committee’s deputy leader. It claims that officers James Canner, Karl Hayes, James McCormack, Jose Miguez, John Radin and Benjamin Tayne were denied their civil rights under the Constitution’s First and 14th Amendments.
The suit alleges that Tangney demoted, reassigned and filed “baseless, malicious, inappropriate and untimely departmental charges” against the officers as retribution for their support of the coalition candidates — and County Legislator Denise Ford (R-Long Beach), who defeated Tangney’s wife, Darlene — during the 2011 campaign.
