Court Rebuffs Ex-Officer Who Alleged Brutality

A former Anaheim police officer who accused fellow gang investigators of beating suspects is not entitled to a disability pension because he feared harassment from fellow officers, according to a state appeals court.

Steven Nolan, the former officer who angered his colleagues in 1992 when he accused them of brutality, may have had reason for fear in Anaheim, but not necessarily in other police departments in the state, according to the decision.

The 4th District Court of Appeal in Santa Ana has ordered Orange County Superior Court Judge William F. McDonald to reconsider a 2000 court decision and determine whether Nolan could work for another department without fear of retaliation.

The decision, filed Thursday, was greeted warmly by city officials.

“The city’s gratified with the decision,” said City Atty. Jack L. White. “There’s no evidence in the record that would support a disability retirement. We’re confident that ultimately he’ll be denied a disability pension.”

Nolan, according to court documents, began working for the Anaheim Police Department in 1984 and was deemed a “stellar” officer. His troubles started six years later when he joined the department’s gang detail.

Telling his superiors that he suspected fellow officers of manhandling suspects, Nolan saw his relationship with his colleagues grow strained, he said. An internal affairs investigation exonerated the other officers.

However, disciplinary charges were brought against Nolan, 40, for offenses such as conduct unbecoming an officer, unsatisfactory performance and improper handling of evidence. He was fired in 1993. Nolan sued the city for wrongful termination and said he was being punished because he was a whistle-blower. A jury agreed and awarded him $340,000.

Nolan also had his dismissal overturned by an arbitrator but never returned to work. He said he received two threatening telephone calls that he believes were made by fellow officers.

After someone shot out a window in his wife’s car, Nolan saw several mental health evaluators and told them that he feared for his safety if he returned to work and that he was disillusioned with police work. The evaluators said he suffered from depression and greatly feared that he was viewed as a “snitch” by fellow officers. Nolan demanded a disability pension and took his case to court.

In 2000, McDonald found Nolan permanently incapacitated and awarded him disability retirement benefits.

Anaheim appealed the decision, and a panel of three judges found fault with the lower court’s decision. The appeals court judges said the lower court relied improperly on a stereotype of police officers and the notion of a code of silence.

It hadn’t been proved, they said, that police officers in other departments would automatically retaliate against Nolan.