Sex Assault Is Alleged in Suit vs. City, Officer

An undocumented Mexican immigrant who was allegedly sexually assaulted by an on-duty Anaheim police officer filed a federal civil rights suit Thursday against the department, the city of Anaheim and the officer.

Bradley Wagner, a 30-year veteran of the department who retired the day he was arrested, has pleaded not guilty to charges of forceable oral copulation, oral copulation under the color of authority and false imprisonment in the alleged assault last month. The woman, 40, was referred to as Jane Doe in papers filed in U.S. District Court in Santa Ana.

“It’s really the most disgusting thing a man can do to a woman -- threaten a woman’s children so he can have his way with her,” said Federico Sayre, the woman’s attorney.

Jennifer L. Keller, Wagner’s attorney, said she expected the lawsuit.

“This was about two things: her wanting a shortcut to guarantee permanent residence in the U.S. and, No. 2, money,” Keller said. “She must think that this is her ticket to easy street.”

John Nicoletti, an Anaheim city spokesman, said he hadn’t read the suit and couldn’t comment. The plaintiff, who has not returned to work since the alleged incident, is having her rent paid by the Anaheim Police Department, her lawyers said.

The plaintiff, a single mother of four, was driving home from work about 1 a.m. Nov. 11 when she was pulled over by a police cruiser in Anaheim.

The complaint alleges that the woman had “committed no traffic violations, nor engaged in any criminally suspicious activity.” Upon discovering the woman couldn’t provide documents proving legal residency, Wagner threatened her and her family, the suit alleges.

The plaintiff alleges that she was directed to another location by Wagner, who “used excessive force against her, causing injury to her head, shoulders and other parts of her body, threatened to handcuff her and then forced himself upon her.”

Wagner threatened to deport the woman and told her she would be forced to perform additional sexual acts or her family would be in danger, the suit alleges.

The woman is seeking unspecified damages for injuries including emotional distress and loss of earnings.

“She is very scared, skittish and needs psychological counseling,” said Kent Henderson, one of her attorneys.

He said the woman, fearful of reporting the crime to Anaheim police, went to three other police departments before eventually filing a complaint in Anaheim. The first police substation was closed. At another, she said that she was told that no Spanish speakers were on duty.

Henderson said the woman was unclear which cities the police stations were in.

“She was understandably terrified at the prospect of going directly to the Anaheim Police Department,” Henderson said, “but she wanted to report the incident as soon as she could.”

The woman’s third stop was at an Orange police station, where she was referred to Anaheim.

“We informed her she was at the Orange Police Department and she seemed surprised,” said Sgt. Dave Hill, a police spokesman.

Hill said the woman was calm and “made no request of the Orange Police Department to provide any services” before she was advised to take her complaint to Anaheim authorities.

Wagner, 58, is free on $150,000 bond. If convicted, he could face nine years in prison.