Federal Judge Dismisses Lawsuit Against Gov. DeSantis Over Suspension of Former State Attorney Andrew Warren

A federal judge has dismissed the lawsuit brought by a former state attorney in Florida who sued Gov. Ron DeSantis for suspending him last year.

U.S. District Judge Robert Hinkle said in his opinion Friday that DeSantis’ suspension of Andrew Warren, the ousted state attorney for Hillsborough County, violated Florida’s Constitution, but as a federal judge, he could not rule against a state official based only on the violation of state law.

The suspension of Warren, a twice-elected Democratic official, came in August after he indicated he wouldn’t bring abortion-related prosecutions and de-prioritized taking some misdemeanor lawbreakers to court. DeSantis alleged that the Tampa prosecutor had neglected the duties of the office.

In his ruling, Hinkle said that Warren’s suspension violated his free speech rights, but that federal law tied his hands in reversing the state-level suspension. Warren’s suspension therefore stands and now he will have to plead his case to the Republican-controlled Florida Senate, which has the final say on whether to permanently remove him from office.

Warren could not be reached for comment. The ruling marks the end of the federal lawsuit, but the legal battle is far from over. Warren will now have to take his case to the Florida Senate, which will decide whether or not to permanently remove him from office.