CA state Sen. Cervantes files claim, accuses Sacramento Police of retaliation
A California state senator who was arrested in May for a DUI that was later dismissed has filed a claim Monday against the Sacramento Police Department.
State Sen. Sabrina Cervantes, D-Riverside, alleges 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 discriminated against her for her ethnic background and sexual orientation – treating her far differently than the young white woman who broadsided her car at a downtown Sacramento intersection. A claim against a public agency is required before a civil lawsuit can be filed.
The law firm representing the 37-year-old lawmaker released a video of the accident Monday. It shows a white SUV rolling slowly through a stop sign before accelerating and hitting a black sedan on the passenger side. Cervantes was driving the black sedan, a state-owned vehicle.
In the days after the crash, police department officials told the media Cervantes was cited for being under the influence of drugs. A DUI citation, where the person is ordered to appear in court, is also legally an arrest, according to California law.
The lawmaker alleges in the claim that the investigation hadn’t been completed when news reports surfaced, and “unknown actors at the Sacramento Police Department maliciously released to the press the false claim that Senator Cervantes had been driving under the influence.”
Cervantes’ hospital report and drug screen showed clean results.
“These false statements were made with the malicious intent of harming Senator Cervantes’ reputation and constitute defamation per se,” the claim reads.
The state senator held a news conference with her attorney Monday in the Capitol Park gardens. About a dozen of her colleagues from the Senate and Assembly stood behind her as she spoke.
“I’ve had folks ask for my resignation because of this incident, of these false allegations,” she said. “These are attacks that I get every week.”
Cervantes introduced Senate Bill 274 in January, which would compel law enforcement agencies to delete license plate data collected by automatic readers after 60 days, unless it matched the plate of a vehicle of interest. She said the compilation of huge amounts of data violates drivers’ privacy and security.
The California Police Chiefs Association filed the main opposition to the bill, writing that the data is “critical” to solving and preventing crimes and is already regulated and audited.
In an emailed statement, the Sacramento Police Department public information team said the agency couldn’t comment “due to pending litigation.” The city of Sacramento has 45 days to respond to the claim. If the city rejects the claim, Cervantes’ attorney James Quadra said his client will file a lawsuit in court.
Cervantes is seeking over $25,000 in damages for “lost liberty, humiliation, emotional distress and reputational harm.”
Quadra said his office plans to release body camera footage his team obtained of the incident in the coming week.
This story was originally published September 8, 2025 at 10:41 AM.