A lawsuit challenging Gov. Ron DeSantis’ suspension of a state attorney in Orange and Osceola counties, Democrat Monique Worrell, was dismissed by a federal judge three days after Worrell was re-elected to her former post.
Judge Julie Sneed of the Middle District of Florida on Nov. 8 dismissed the lawsuit brought by individual voters and the voting-rights group Florida Rising. The plaintiffs, who were represented by the Southern Poverty Law Center (SPLC), argued that the governor’s removal of Worrell on Aug. 9 of last year disenfranchised voters who supported Worrell, violating their rights under the First and 14th Amendments.
Florida Rising alleged in the lawsuit that it merited compensation for having to expend additional resources and voter outreach as a result of the apathy and disappointment voiced by the electorate in the wake of the suspension. But the court concluded Florida Rising failed to state a claim and that Republican DeSantis also had qualified immunity on individual claims. The plaintiff-voters’ claims were dismissed for lack of standing.
The lawsuit sought justice for the 400,000 voters who elected Worrell prior to the suspension, in 2020, arguing that the suspension essentially nullified their votes, according to the SPLC. DeSantis suspended Worrell due to his opposition to her criminal justice reforms, which included reducing the use of cash bail, expanding diversion programs for juveniles convicted of nonviolent offenses and putting in place new procedures to avert police misconduct, the SPLC reported in its summary of the case.
The SPLC also pointed out that DeSantis had suspended other elected officials, including a sheriff, school superintendent, elections supervisor and several school board members.
The Governor’s Office did not respond to requests for comment.
On Nov. 5, Worrell prevailed at the ballot box over Orange County Judge Andrew Bain, who replaced Worrell after her suspension. The results in the Ninth Judicial District race showed Worrell with 57% of the vote compared to Bain’s 43% total.
“(The Nov. 8) decision is a temporary setback for democracy and a stark reminder of the challenges Floridians face to protect voting rights,” Matletha Bennette, a senior SPLC staff attorney, said in a statement emailed to the Florida Record. “We firmly believe the suspension of Monique Worrell was a politically motivated attempt to undermine the will of the voters and silence their voices.”
One of the individual plaintiffs in the lawsuit expressed concern that the governor’s suspension powers remain intact.
“What’s to stop Gov. DeSantis from vetoing our votes in the future?” asked Rajib Chowdhury. “Our community deserves to have our voices heard, counted and respected and we will continue to fight for that right.”
In her opinion, Judge Sneed frequently pointed to weaknesses in the plaintiffs’ case.
“(Plaintiff David) Caicedo, Mr. Chowdhury and Florida Rising’s members have failed to allege a particularized injury aside from being among the 400,000 individuals who voted for Ms. Worrell,” the judge said.
Another state attorney who was suspended by DeSantis, Democrat Andrew Warren, lost to Hillsborough County Republican State Attorney Suzy Lopez on Nov. 5 by a margin of 53% to 47%.