Senator Cervantes files claims against City of Sacramento following DUI allegation

(FOX40.COM) — A government claim was filed against the City of Sacramento, according to California State Senator Sabrina Cervantes (D–Riverside), following her arrest after a car crash on May 19. The claim alleges that Cervantes underwent a false arrest, unlawful detention and defamatory statements, violating her rights under the California and U.S. constitutions.

Video Above: Sacramento County DA declines to file charges against state Senator Sabrina Cervantes

According to the claim, Cervantes was the victim of the vehicle collision, but was wrongfully detained and falsely arrested for a DUI when there was no probable cause.

The Sacramento Police Department conducted a blood test, confirming that there were no mind-altering substances in her system. The Sacramento County District Attorney declined to prosecute.

“This is not only about what happened to me—it’s about accountability,” Senator Cervantes said. “No Californian should be falsely arrested, defamed, or retaliated against because of who they are or what they stand for. The abuse of power that I endured undermines public trust and cannot be ignored.”  

The government claim alleges that Sacramento Police officers: 

• Arrested Cervantes without probable cause, which violated state and federal Constitutional protections against unlawful search and seizure
• Submitted false sworn statements to obtain a warrant to have Senator Cervantes undergo a blood test she had indicated she would do voluntarily
• Submitted false sworn statements to the Department of Motor Vehicles, forcing her to defend unfounded claims to regain her driving privileges
• Leaked false claims to the press that she was driving under the influence at the time of the accident with the malicious intent of damaging her reputation
• Acted in retaliation due to her introduction of legislation to curb abuse by police of Automated License Plate Reader (ALPR) systems and due to bias related to her identity as an openly LGBTQ+ Latina elected official

“Members of the Sacramento Police Department violated the law in an effort to destroy the reputation of an exemplary member of the State Senate,” her counsel, James Quadra said. “This claim seeks to hold the City of Sacramento accountable for the egregious misconduct of its police officers and to reaffirm that no one is above the law—including law enforcement.” 

The claim is seeking damages for false arrest, violation of California’s Bane Act, intentional infliction of emotional distress and defamation.