Democratic Prosecutor Ousted By DeSantis Will Not Be Reinstated

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The lawsuit filed by a former Democratic state attorney against Gov. Florida was dismissed by a federal judge. Ron DeSantis (R), for suspending him last spring for vowing not to follow certain laws related to abortion.

Robert Hinkle, U.S. District Judge, ruled that Andrew Warren was not required to be reinstated by DeSantis. Andrew Warren was suspended in August for failing to fulfill his duties. He had pledged not enforce bans against abortion and transgender surgery.

Warren sued the judge and asked him to be reinstated to his two-elected position.

Warren’s argument that DeSantis had violated his First Amendment rights in a manner that justified federal court intervention was rejected by Hinkle.

Hinkle stated that the First Amendment violations were not critical to the outcome of the case and therefore do not give Mr. Warren relief in this proceeding. The Florida Constitution was also violated by the suspension, which affected the outcome. The 11th Amendment forbids a federal court to award declaratory or injunctive relief against a state official solely on the basis of a violation state law.

Hinkle stated that Warren had “no blanket anti-prosecution policies”, noting that “any minimally competent investigation would have confirmed this.” It is false to claim that Warren failed his duty or was incompetent. This factual question is not even close.”

Hinkle, however, criticized the suspension. He found it to be in violation of the Florida Constitution. However, he said that relief cannot be granted in federal actions based on violations of state law.

The evidence at the trial showed that DeSantis’s offices considered the political advantages of Warren’s removal. DeSantis’s ally was also asked to help find reform prosecutors, whose approach flouted Governor Warren’s views about law enforcement.

In August, Warren was abruptly removed from office by the Republican governor. He accused Warren of negligence in his duties and pledged not to use his power against people who seek or provide abortions, or doctors who perform transgender procedures.

For a response, the Washington Examiner reached out to Warren and DeSantis spokespersons.