California state senator accuses Sacramento police of retaliation over ‘egregious’ DUI arrest

SACRAMENTO — A Riverside County lawmaker accused of driving drunk after a car crash, but cleared by a blood test, took the first step Monday toward suing the Sacramento Police Department, saying officers had tarnished her reputation.

After Sen. Sabrina Cervantes (D-Riverside) was broadsided by an SUV near the Capitol in May, Sacramento police interviewed the 37-year-old lawmaker for hours at a Kaiser Permanente hospital before citing her on suspicion of driving under the influence. Prosecutors declined to file charges after the toxicology results of a blood test revealed no “measurable amount of alcohol or drugs.”

In an 11-page filing Monday, Cervantes alleged that officers had retaliated against her over a bill that would sharply curtail how police can store data gathered by automated license plate readers, a proposal opposed by more than a dozen law enforcement agencies.

The filing also alleges that the police treated Cervantes, who is gay and Latina, differently than the white woman who ran a stop sign and broadsided her car.

“This is not only about what happened to me — it’s about accountability,” Cervantes said in a prepared statement. “No Californian should be falsely arrested, defamed, or retaliated against because of who they are or what they stand for.”

Cervantes, a first-year state senator, has said since the crash that she did nothing wrong. She represents the 31st Senate District, which covers portions of Riverside and San Bernardino counties, and chairs the Senate elections committee.

Cervantes’ lawyer, James Quadra, said the Sacramento police had tried to “destroy the reputation of an exemplary member of the state Senate,” and that the department’s “egregious misconduct” includes false arrest, intentional infliction of emotional distress and defamation.

A representative for the Sacramento Police Department declined to comment, citing pending litigation.

After news broke of the crash, the Sacramento Police Department told reporters that they had “observed objective signs of intoxication” after speaking to Cervantes at the hospital. She said in her filing that the police had asked her to conduct a test gauging her eyes’ reaction to stimulus, a “less accurate and subjective test” than the blood test she requested.

The toxicology screen had “completely exonerated” Cervantes, the filing said, but the police department had already “released false information to the press claiming that Senator Cervantes had driven while under the influence of drugs.”

The filing alleges that one police officer turned off his body camera for about five minutes while answering a call on his cellphone. The filing also said that the department failed to produce body camera footage from a sergeant who also came to the hospital.