NEW YORK, Feb 7 (Reuters) - A filmmaker and political activist from California has sued the New York City Police Department for access to photos it took in the immediate aftermath of the Sept. 11, 2001, attack on the World Trade Center.

The Pen -- the activist's legal name, he said in an interview Tuesday -- wants the photos for a film he is producing called "The Last War Crime," which is about "indicting (former U.S. Vice President) Dick Cheney for torture," according to a promotional website.

Assistant Deputy Commissioner Thomas Doepfner declined The Pen's request for permission to use the photos, writing in a letter to him that granting the request could be seen as an endorsement by the department of the "content and message of the film."

The photos -- taken from a police helicopter after all other air traffic had been cleared from the skies above lower Manhattan -- depict the towers' collapse after they were deliberately struck by two hijacked passenger planes.

The Pen, who is representing himself in the litigation, offered to include a disclaimer at the start of the film stating that the police department did not approve the film, to no avail.

"We feel very strongly that these pictures are needed to tell the story," The Pen said.

The lawsuit was filed in state Supreme Court last week. The police department's chief spokesman did not immediately respond to requests for comment Tuesday.

The Pen is the creator of The People's Email Network, an online tool that allows people to gather letters on particular political topics and send them to legislators.

The case is In the Matter of the Application of The Pen, New York State Supreme Court, New York County, No. 101238/12.

For The Pen: Pro se

For the NYPD: Not immediately known

(Reporting by Joseph Ax)

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