City of Long Beach set to fight $39 million lawsuit

Nearly two months after five Long Beach police officers and one recent retiree filed a $39 million federal lawsuit against the city alleging political retribution and civil rights violations, the city intends to hire outside legal counsel as the suit moves forward.

With a 4-1 vote on Tuesday, the City Council authorized City Manager Jack Schnirman to retain the services of Uniondale-based Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana LLP to defend the city.

Because the lawsuit was filed against the city and a number of city officials, and because the active-duty officers continue to work for the city, Corporation Counsel Corey Klein said that while the city rarely uses outside law firms, the move is intended to avoid any potential conflict of interest.

“For example,” Klein said, “the fact that the city represents these officers in other lawsuits and now that they’re suing the city, that could potentially turn into a conflict of interest.”

The suit, filed on May 23 in U.S. District Court, names the City Council, Schnirman, Police Commissioner Michael Tangney, the Long Beach Patrolmen’s Benevolent Association and former PBA President Stefan Chernaski, and 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. Each is seeking $6.5 million in damages.

The suit includes allegations of political retribution for the officers’ support of the Republican-led coalition’s election bid last year, and claims that the current administration doled out patronage jobs and gave raises to officers who supported the Democrats in the November election. It alleges that Tangney demoted, reassigned and filed “baseless, malicious, inappropriate and untimely departmental charges” against the plaintiffs as retribution for their support of Republican-led coalition candidates during the 2011 campaign.