California lawmaker files claim against Sacramento for defamation, unlawful arrest
California State Senator Sabrina Cervantes filed a claim against the city of Sacramento for unlawful arrest and defamation after officers detained her for DUI in May.
Cervantes, who represents parts of Riverside and San Bernardino counties, has denied the allegation that she was driving while under the influence since the collision. She claims that while she was seeking medical care after being t-boned in her sedan by a large SUV near the state Capitol building, she was accosted and involuntarily detained by officers at the hospital for several hours.
When officers contacted Cervantes as part of their investigation, they "observed objective signs of intoxication and conducted a DUI investigation," the police department said. She was cited for suspicion of DUI of drugs, police said.
Ultimately, the Sacramento County District Attorney's Office declined to press charges against Cervantes after reviewing police reports, witness statements and a negative toxicology report.
"This is not only about what happened to me—it's about accountability," 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."
A claim is a legal action preceding a formal lawsuit against the government. Cervantes' claim seeks damages stemming from the arrest and "intentional infliction of emotional distress and defamation."
Cervantes' legal action claims officers arrested her without probable cause, lied to obtain a warrant, submitted false statements to the Department of Motor Vehicles, leaked false claims to the press and retaliated against her because she introduced legislation against automated license plate reader systems, and because she is an LGBTQ Latina.
"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 attorney 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."
