A federal judge in Florida dismissed the lawsuit brought by a Democratic former state attorney who sued Governor Ron DeSantis (R) for suspending him last year for his vows not to follow certain abortion-related laws.
U.S. District Judge Robert Hinkle ruled that DeSantis was not obligated to reinstate Andrew Warren, whom the governor suspended for neglecting his duty in August after he pledged not to enforce bans on abortion, as well as transgender surgery.
In Warren’s suit, he asked the judge to reinstate him to his twice-elected role.
Hinkle said, “The First Amendment violations were not essential to the outcome and so do not entitle Mr. Warren to relief in this action. The suspension also violated the Florida Constitution, and that violation did affect the outcome. But the 11th Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law.”
Hinkle added that Warren possessed “no blanket nonprosecution policies,” noting “any minimally competent inquiry would have confirmed this. The assertion that Mr. Warren neglected his duty or was incompetent is incorrect. This factual issue is not close.”
The judge did criticize the suspension by DeSantis saying that it violated the Florida Constitution but that “relief cannot be awarded in this federal action based solely on a violation of state law.”
Correspondent Jason Delgado tweeted Friday, “Reaction out of @GovRonDeSantis’ office: ‘Today the court upheld the governor’s decision to suspend Andrew Warren from office for neglect of duty and incompetence.’ Context: ‘The allegation was false. Mr. Warren’s well-established policy, followed in every case by every prosecutor in the office, was to exercise prosecutorial discretion at every stage of every case.’”
Context: “The allegation was false. Mr. Warren’s well-established policy, followed in every case by every prosecutor in the office, was to exercise prosecutorial discretion at every stage of every case.” pic.twitter.com/u51VMTtwdy
— Jason Delgado (@byJasonDelgado) January 20, 2023
Reporter Kathryn Varn tweeted, “BREAKING: A federal judge has dismissed Andrew Warren’s lawsuit against Governor Ron DeSantis over the former Hillsborough state attorney’s removal from office last year. DeSantis broke the law, the judge said, but the court doesn’t have the power to restore Warren to office.”
BREAKING: A federal judge has dismissed Andrew Warren’s lawsuit against Governor Ron DeSantis over the former Hillsborough state attorney’s removal from office last year. DeSantis broke the law, the judge said, but the court doesn’t have the power to restore Warren to office. pic.twitter.com/tHELQGEioT
— Kathryn Varn (@kathrynvarn) January 20, 2023
BIG WIN for DeSantis: the suspension of George Soros funded state attorney Andrew Warren was upheld by a federal judge https://t.co/NBZdlqmVFA
— Brendon Leslie (@BrendonLeslie) January 20, 2023
NEW: A federal judge in Florida dismissed the lawsuit brought by a Democratic former state attorney who sued Governor Ron DeSantis (R) for suspending him last year for his vows to not to follow certain abortion-related laws.
|@dcexaminer https://t.co/50Xk1hdrwH
— Kaelan Deese (@KaelanDC) January 20, 2023
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