Navigation Suspended prosecutor calls on DeSantis to reinstate him in wake of federal judge’s ruling
A suspended Hillsborough County state attorney this week called on Florida Gov. Ron DeSantis to reinstate him to his elected post, citing a recent federal judge’s decision that concluded Warren never put in place blanket policies to prosecute only certain kinds of cases.
In a Jan. 20 opinion, however, Judge Robert Hinkle of the Northern District of Florida dismissed prosecutor Andrew Warren’s lawsuit against DeSantis, which had urged the court to rescind his suspension by the governor based on violations of the First Amendment and Florida Constitution. Hinkle concluded he was prevented from entering a judgment in favor of Warren.
“The 11th Amendment prohibits a federal court from awarding relief of the kind at issue against a state official based only on a violation of state law,” Hinkle wrote. “And the suspension would have occurred even had there been no First Amendment violation – the First Amendment violation was not essential to the outcome. This order thus directs entry of judgment for the governor.”
