Sabrina Cervantes Files Claim Against Sacramento

Sen. Sabrina Cervantes Files Government Claim Against City of Sacrament Over Unlawful Arrest and Defamatory Statement

SACRAMENTO – Today, California State Sen. Sabrina Cervantes (D–Riverside, SD 31) announced that she has filed a government claim against the City of Sacramento alleging that her May 19 false arrest, unlawful detention, and defamatory statements made — stemming from a traffic collision near the State Capitol — violated her rights under the California and U.S. Constitutions. Read the claim form here.

The claim details how Sen. Cervantes — who was the victim and not at fault for the traffic collision — was wrongfully detained and falsely arrested by Sacramento Police officers for allegedly driving under the influence, despite there being no probable cause to do so. A blood test conducted by the Sacramento Police Department has now confirmed that she was completely sober and the Sacramento County District Attorney has since declined to prosecute.

Senator Cervantes’ government claim asserts that Sacramento Police officers:

• Arrested her without probable cause, violating both 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; and
• 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.

“This is not only about what happened to me—it’s about accountability,” Sen. Cervantes said in a statement. “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.”

“Members of the Sacramento Police Department violated the law in an effort to destroy the reputation of an exemplary member of the State Senate,” said her counsel, James Quadra. “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 seeks damages for false arrest, violation of California’s Bane Act, intentional infliction of emotional distress and defamation. Under California law, filing a government claim is the first step required before bringing a civil lawsuit based on California law against a public entity. If this matter proceeds to litigation, Senator Cervantes will also assert claims for violation of her rights under the U.S. Constitution.