RivCo Lawmaker Sues Sacramento Police Over False DUI Arrest

RIVERSIDE, CA — State Sen. Sabrina Cervantes is suing the city of Sacramento nearly one year after she was cited for an alleged DUI, which she has disputed.

Cervantes (D-Riverside) filed a civil rights lawsuit after she received a DUI citation on May 19 when Cervantes was involved in a car accident. Cervantes suffered minor injuries and was transported to a hospital for treatment.

Police investigated the collision and talked to Cervantes at the hospital, and claimed Cervantes showed signs of intoxication. Cervantes was cited at the hospital for DUI. Police later clarified the citation was for suspected drug use.

Police bodycam video was released last year showing officers investigate the collision.

In the lawsuit, Cervantes accused one of the officers of making false statements in an affidavit to obtain a warrant from a judge for a blood draw. Cervantes said she told police she would voluntarily provide a blood draw.

Lab results from a blood sample taken from Cervantes at the hospital tested negative for any drugs or alcohol, according to the Sacramento County District Attorney’s Office.

In the lawsuit, Cervantes also accused police of fabricating evidence and submitting false evidence to the Department of Motor Vehicles.

Cervantes is represented by Quadra & Coll, LLP, a law firm based in San Francisco, which represented her last year when she filed a claim against the city of Sacramento.

The law firm said a claim against a public agency — which was later rejected — is required before a civil lawsuit can be filed.

Cervantes was the first openly LGBTQ+ Latina representative when she was elected in 2016 for the 58th Assembly District. She represents Senate District 31 in Riverside and San Bernardino counties, including Corona, Eastvale, Fontana, Jurupa Valley, Menifee, Moreno Valley, Perris, Riverside and San Jacinto.

Cervantes alleged in an 11-page government claim that officers retaliated against her for legislation she introduced that would limit law enforcement’s use of automated license plate readers, and accused police of discriminating against her because of her ethnicity and sexual orientation.

During the investigation, police were "treating her far differently than the young white woman who broadsided her car at a downtown Sacramento intersection," Quadra & Coll said in a news release last year.

Cervantes is seeking damages for defamation, false arrest, violation of civil rights, and unlawful search and seizure.