A federal judge ruled he lacked the authority to restore a state attorney who was ousted by Gov. Ron DeSantis.
Tampa prosecutor Andrew Warren had been the state attorney for the 13th Judicial Circuit in Hillsborough until last year when DeSantis suspended him from the position alleging the Democrat was neglectful of his duty and incompetent.
U.S. District Judge for the Northern District Robert Hinkle cited the U.S. Constitution's 11th Amendment when he dismissed Warren's legal action that disputed the governor's removal of him from elected office.
The 11th Amendment prohibits federal courts from adjudicating some lawsuits against states and does not require state courts to hear lawsuits filed based on federal law.
"Judge Hinkle did not rule that he didn't have jurisdiction over the federal claim," said Warren's attorney Jean-Jacques Cabou, partner at the Perkins Coie law firm. "He had jurisdiction. He just believed he was powerless to grant relief. Judge Hinkle found very clearly that Governor DeSantis violated the First Amendment."
Warren has appealed Hinkle's decision to the 11th Judicial Circuit Court of Appeals in Atlanta. The federal appellate panel is set to rule after briefs were presented in May.
"What's been at stake since the moment Governor DeSantis unlawfully suspended Mr. Warren is the right of public officials to speak out on matters of concern to their constituents and the right of the voters to judge the qualifications for elective office," Cabou told the Florida Record.
Warren also filed an emergency writ with the Florida Supreme Court but the state's highest court suggested that Tampa prosecutor Andrew Warren appeal his job termination to the Senate.
Such an effort is likely to be unsuccessful, according to Santa Rosa Beach attorney Daniel Uhlfelder who is not a party to the litigation.
"He has zero percent chance for the Senate to evaluate and determine whether the governor was permitted to do this,” he said.
The Florida Supreme Court also decided that Warren waited too long to bring the case but Cabou alleges there is no statute of limitation.
"I was very surprised that the Supreme Court of Florida did not engage the substance of the claims and I was surprised by the way in which they described the actions of the Federal District Court," he said. "I thought it was extremely unusual to see one court denigrate the work of another."