California State Senator Sabrina Cervantes (D–Riverside), an openly LGBTQ+ Latina lawmaker, filed a government claim Sept. 8 accusing Sacramento police of falsely arresting her for DUI, falsifying reports, and retaliating against her over legislation aimed at curbing police surveillance.
The claim stems from Cervantes’ May 19 arrest after a traffic collision near the State Capitol. Cervantes says another driver ran a stop sign and hit her car, but officers targeted her instead. A blood test later confirmed she was sober, and the district attorney declined to prosecute.
The filing alleges police treated the at-fault driver—a “young white woman”—with leniency while aggressively questioning Cervantes at Kaiser Hospital, dismissing her offer to provide medical test results proving sobriety.
The claim names Officers Daniel Williams, Bailey Foster, Kevin Lucas, and Sgt. Kristen Beal. Officer Foster allegedly told a supervisor, “I DO think she is intoxicated – the state senator,” while omitting that Cervantes had volunteered for a blood test. Foster also claimed Cervantes slurred her words and gave conflicting statements—claims video evidence contradicted. Officers pursued a warrant anyway, swearing she had refused testing.
Additional allegations include:
Officer Foster turned off his body camera for five minutes during a key discussion, violating department policy.
Sgt. Beal’s body camera footage was never produced.
Police submitted a false sworn statement to the DMV, triggering potential license suspension.
Leaks to the press spread false reports that Cervantes was cited for DUI.
Cervantes argues retaliation also played a role. She recently introduced SB 274, which limits Automated License Plate Reader use and drew strong opposition from Sacramento’s police chief and other law enforcement groups. She also alleges bias based on her ethnicity and sexual orientation.
“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.”
Her attorney, James Quadra, said officers “violated the law in an effort to destroy the reputation of an exemplary member of the State Senate.”
The claim seeks damages for false arrest, violation of California’s Bane Act, emotional distress, and defamation. Filing a claim is the first step before suing a public entity; Cervantes also reserved the right to bring federal civil rights claims.
Elected in 2024 to represent Senate District 31, Cervantes is the former chair of the California Latino Legislative Caucus and has had 49 bills signed into law, securing $650 million in state investments for the Inland Empire.
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