A California lawmaker is suing Sacramento police for falsely accusing her of driving under the influence, saying the case may have been motivated by her tough-on-cops legislation or possibly because she is Latina and LGBTQ+.
State Sen. Sabrina Cervantes filed a federal civil rights lawsuit against the city of Sacramento and several police officers, alleging she was falsely arrested and subjected to an unlawful blood draw following a car crash in May of last year.
Cervantes was driving a state-owned vehicle when another driver ran a stop sign and struck her car, according to the complaint. She was taken to a hospital with injuries, while police responded to the crash scene.
State Sen. Sabrina Cervantes said her background and legislation she has passed may have motivated the arrest. AP “Despite being anxious after having been the victim in a serious accident, Senator Cervantes provided a clear straightforward explanation for how she drove to the curb after she was struck, despite being injured and in pain.” the lawsuit states.
Cervantes alleges officers treated her as a suspect and pursued a DUI investigation without probable cause. She claims officers questioned her extensively at the hospital while she was in pain but observed no signs of intoxication.
The lawsuit then accuses officers of seeking a warrant to draw her blood based on false statements, including claims she had slurred speech and refused testing.
Sacramento police officers are named in the lawsuit the alleges fabricated evidence was used to make the DUI arrest. Getty Images Cervantes said she instead offered to provide hospital-administered chemical test results, which later showed she was not under the influence of drugs or alcohol.
Prosecutors ultimately declined to file charges. All parties involved in the case did not respond to The Post’s requests for comment.
Cervantes said officers fabricated evidence in a sworn warrant affidavit and falsely reported to the DMV that she refused a chemical test, triggering potential license suspension proceedings. She says she was forced to hire legal counsel to challenge the action, which was later dismissed.
“So, pretty much, no matter what, we’re writing a warrant,” one of the officers allegedly said.
The complaint also claims officers treated her differently than the other driver, allegedly due to her political activity, ethnicity and sexual orientation. In 2019, Cervantes — who previously served in the state Assembly — and her wife, Courtney Downs, welcomed triplets.
Cervantes points to her authorship of SB 274, which aimed at restricting law enforcement use of automated license plate reader data as a possible motive for retaliation. Gov. Gavin Newsom vetoed the legislation in October.
The lawsuit additionally alleges gaps in body camera footage and the destruction or failure to preserve key evidence, as well as defamatory statements made to the media claiming she had been driving under the influence.
Cervantes is seeking unspecified damages, including compensation for emotional distress, reputational harm and legal costs, along with punitive damages and civil penalties.
