Magnolia City Attorney Leonard Schneider confirmed to the Tribune that the city has “received a letter of demand for compensation” from the two men “for what they believe were wrongful actions (by the city).”

The letter was sent to the city April 6 by their attorney, Richard Cobb.

When the Tribune placed a call to Cobb’s office, his assistant said he had no comment.

In the letter, Cobb states that his clients are claiming damages because they were “subjected to an unwanted conspiracy to deprive them of their Civil Rights.” He goes on to state that the “conspiracy” was orchestrated by persons within the City of Magnolia.

Cobb also states that because of what he calls a “political witch hunt” his clients were “falsely indicted, lost their employment, salary, and had to incur legal expenses to vindicate themselves from these false charges.”

Cunningham and Smith were placed on administrative leave in June of 2007 by the city of Magnolia after being indicted by a Montgomery County grand jury for retaliating against two of their officers.

Those officers, Corporal Mike Alexander and Lt. Bo Crabtree said they were targeted for claims they made against Cunningham and Smith.

In exchange for their licenses, the Montgomery County District Attorney’s Office agreed to drop its case against the two.

Unlawful termination, malicious prosecution, humiliation, shame, public ridicule, physical illness and perhaps most notably, emotional distress caused by Smith’s wife suffering a miscarriage are some of the reasons why Cobb says his clients are seeking damages.

“What is so repulsive about these events was the willingness and intentional conduct engaged in by certain members of the City Council,” Cobb stated in the letter.

Cobb’s letter to the city goes on to say that these “councilpersons deliberately presented untruthful allegations to the public and likewise consulted with and stated untruths to the District Attorney’s Office of Montgomery County.”

Schneider could not comment specifically on the matter, but did say the city will discuss the letter in an executive session at the next city council meeting to be held April 14.

He also said the city will notify the Texas Municipal League and Intergovernmental Risk Pool to determine what the city’s coverage is.

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