(FOX40.COM) — A state lawmaker is suing the city of Sacramento, alleging police wrongfully arrested her after a car crash last year.

Attorneys for Sen. Sabrina Cervantes, D-Riverside, filed a federal lawsuit Monday in the U.S. District Court for the Eastern District of California. The suit names the city and several Sacramento police officers as defendants.

The lawsuit stems from an incident on May 19, 2025, when Cervantes was taken to the hospital and cited for suspicion of DUI after she was injured in a traffic collision near 14th and S Streets in Sacramento. Instead of being treated as a victim, the complaint alleges police targeted her for an investigation and arrest.

Several days after the arrest, Cervantes provided FOX40 with documents showing independent blood and urine tests showed she did not have any drugs or alcohol in her system.

“I want to make sure my name can be vindicated,” she said last May. “I will be cleared because I did nothing wrong.”

Now, Cervantes alleges the arrest was “not merely negligent, but motivated by retaliation” against her legislative work, according to her attorneys.

The lawsuit mentions Senate Bill 274, legislation Cervantes introduced last year that would limit law enforcement use of automated license plate reader systems, and opposition to the bill from law enforcement agencies.

In addition to alleged retribution, Cervantes’ lawsuit also claims police treated her differently because of her sexual orientation and ethnicity. When she was first elected to the Legislature in 2016, Cervantes was the first LGBTQ+ Latina to represent the 58th Assembly District.

The filing alleges that an officer made false statements in an affidavit to obtain a warrant for a blood draw, including alleging the senator had “thick slurred speech” and “appeared drowsy” while speaking to police.

The other driver in the crash, described in the filing as a “young white woman.” The filing said she “was not subjected to any drug or alcohol testing despite t-boning Sen. Cervantes’ vehicle and not being able to produce a driver’s license at the scene.”

Officers misled a judge to obtain a warrant for a blood draw despite a lack of probable cause, the Cervantes’ lawsuit claims — and despite her statements that she would voluntarily provide one.

The lawsuit alleges defamation, false arrest and “intentional infliction of emotional distress.” It seeks general, special and punitive damages, civil penalties and attorney fees.

“This case is about the abuse of power,” James Quadra, Cervantes’ attorney, said in a news release. “Officers ignored the facts, fabricated evidence, and tried to turn a victim into a criminal. Defendants’ conduct violated the law and they must be held accountable.”

Cervantes is represented by Quadra & Coll, LLP, a San Francisco-area litigation firm. The same firm represented the lawmaker last fall, when she filed a government claim against the city — a claim Sacramento rejected.

The Sacramento County District Attorney’s Office ultimately declined to file charges in the incident.

A spokesperson told FOX40 the city “is unable to comment on pending litigation.” The police department also did not comment on the suit; though a spokesperson said last year that “officers conducted a thorough investigation and remained professional and respectful throughout it.”

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