LGBTQ+ Senator Sabrina Cervantes Files Claim Against Sacramento Police Alleging False DUI Arrest, Falsified Reports, Retaliation

California State Senator Sabrina Cervantes (D–Riverside), an openly LGBTQ+ Latina lawmaker, has filed a government claim against the City of Sacramento alleging that police falsely arrested her for DUI, falsified reports, and retaliated against her over legislation to curb police surveillance.

The claim, filed Sept. 8, stems from Cervantes’ May 19 arrest following a traffic collision near the State Capitol. According to the filing, Cervantes was the victim of the crash — another driver allegedly ran a stop sign and struck her vehicle — yet Sacramento police focused their investigation on her. A blood test later confirmed she was sober, and the Sacramento County District Attorney declined to prosecute.

The document alleges starkly different treatment between Cervantes and the at-fault driver. The responding officer allowed the other driver, described as a “young white woman,” to finish a phone call before questioning her, did not ask her to leave her car, and even prompted her with “No alcohol today, right?” The driver was not breath-tested, not asked to show a license immediately, and was questioned for less than three minutes. By contrast, Cervantes, who had left the scene for medical treatment, was questioned at length at Kaiser Hospital. Officers pressed her with detailed questions about the accident and injuries, asked whether she had been drinking, and dismissed her offer to provide hospital test results proving her sobriety.

The filing names Officers Daniel Williams, Bailey Foster, and Kevin Lucas, and Sergeant Kristen Beal as involved. Officer Foster allegedly told a supervisor by phone, “I DO think she is intoxicated – the state senator,” while leaving out that Cervantes had volunteered a blood test. According to the claim, Foster later made false statements that she slurred her words and that her account “did not add up,” even though security video and body camera footage confirmed her clarity. Despite Cervantes’ willingness to undergo a blood test, the officers pursued a warrant anyway. The sworn affidavit, signed under penalty of perjury, claimed she had refused testing and appeared intoxicated. The claim argues those assertions were false and points out that even Officer Williams admitted at one point he had only a “reasonable suspicion” and “a wild guess,” not probable cause.

The claim also highlights gaps in evidence, including allegations that Officer Foster turned off his body camera for five minutes during a critical discussion about whether to seek a warrant — a violation of Sacramento Police Department policy — and that no body camera footage was produced from Sgt. Beal despite requests.

In addition, the filing accuses Sacramento police of submitting a false sworn statement to the Department of Motor Vehicles, claiming Cervantes had refused a chemical test. That triggered proceedings that could have suspended or revoked her license. Cervantes ultimately had to hire counsel, and a DMV hearing officer set aside the suspension after reviewing body camera footage that showed she had not refused any test. The claim further alleges that Sacramento employees leaked false information to the press before the investigation concluded, resulting in headlines across California and beyond stating she had been cited for DUI.

Cervantes contends that the officers’ actions were also driven by retaliation. Earlier this year, she introduced SB 274, legislation to curb the misuse of Automated License Plate Reader systems, which was strongly opposed by law enforcement groups, including the Sacramento police chief. The claim also asserts her treatment was motivated by “animus due to her ethnic background and sexual orientation.”

“This is not only about what happened to me—it’s about accountability,” 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.”

Her attorney, James Quadra, added: “Members of the Sacramento Police Department violated the law in an effort to destroy the reputation of an exemplary member of the State Senate. 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. Filing a government claim is the first step required before suing a public entity under California law. Cervantes has also reserved her right to pursue federal civil rights claims under 42 U.S. Code § 1983.

Cervantes, elected in November 2024 to represent Senate District 31, is the immediate past Chair of the California Latino Legislative Caucus. She has had 49 bills signed into law and has secured more than $650 million in state investments for the Inland Empire.