A California lawmaker is suing Sacramento police for falsely accusing her of driving below the affect, saying the case could have been motivated by her tough-on-cops laws or probably as a result of she is Latina and LGBTQ+.
State Sen. Sabrina Cervantes filed a federal civil rights lawsuit in opposition to the town of Sacramento and several other cops, alleging she was falsely arrested and subjected to an illegal blood draw following a automobile crash in Could of final 12 months.
Cervantes was driving a state-owned car when one other driver ran a cease signal and struck her automobile, based on the criticism. She was taken to a hospital with accidents, whereas police responded to the crash scene.
“Regardless of being anxious after having been the sufferer in a critical accident, Senator Cervantes offered a transparent simple rationalization for a way she drove to the curb after she was struck, regardless of being injured and in ache.” the lawsuit states.
Cervantes alleges officers handled her as a suspect and pursued a DUI investigation with out possible trigger. She claims officers questioned her extensively on the hospital whereas she was in ache however noticed no indicators of intoxication.
The lawsuit then accuses officers of in search of a warrant to attract her blood primarily based on false statements, together with claims she had slurred speech and refused testing.
Cervantes mentioned she as a substitute supplied to offer hospital-administered chemical check outcomes, which later confirmed she was not below the affect of medicine or alcohol.
Prosecutors in the end declined to file expenses. All events concerned within the case didn’t reply to The Submit’s requests for remark.
Cervantes mentioned officers fabricated proof in a sworn warrant affidavit and falsely reported to the DMV that she refused a chemical check, triggering potential license suspension proceedings. She says she was compelled to rent authorized counsel to problem the motion, which was later dismissed.
“So, just about, it doesn’t matter what, we’re writing a warrant,” one of many officers allegedly mentioned.
The criticism additionally claims officers handled her in another way than the opposite driver, allegedly as a result of her political exercise, ethnicity and sexual orientation. In 2019, Cervantes — who beforehand served within the state Meeting — and her spouse, Courtney Downs, welcomed triplets.
Cervantes factors to her authorship of SB 274, which geared toward limiting regulation enforcement use of automated license plate reader knowledge as a potential motive for retaliation. Gov. Gavin Newsom vetoed the laws in October.
The lawsuit moreover alleges gaps in physique digital camera footage and the destruction or failure to protect key proof, in addition to defamatory statements made to the media claiming she had been driving below the affect.
Cervantes is in search of unspecified damages, together with compensation for emotional misery, reputational hurt and authorized prices, together with punitive damages and civil penalties.
