A federal judge has denied a motion by attorneys for Gov. Ron DeSantis to dismiss claims by suspended prosecutor Andrew Warren that Warren’s ouster violated his First Amendment rights.

The Sept. 19 action by Judge Robert Hinkle of the Northern District of Florida means a trial will proceed over whether DeSantis’ firing of Warren, an elected state attorney, was legal. But Hinkle also denied Warren’s request for a preliminary injunction against the suspension – a move that would have reinstated him to his position in Tampa.

“We are pleased that the court denied Andrew Warren’s request for a preliminary injunction,” Bryan Griffin, the governor’s press secretary, told the Florida Record in an email. “The governor is entrusted by the people of Florida to utilize his constitutional powers and may suspend elected officials in Florida who refuse to enforce the law.”