Federal Appeals Court Rules in Favor of Reform Prosecutor Removed from Office by Ron DeSantis
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote.

A federal appeals court has reinstated a First Amendment lawsuit filed by former Tampa-area reform prosecutor Andrew Warren against Florida Gov. Ron DeSantis, and now the DeSantis administration will have to argue that Warren's job performance, not his ideology, was the controlling factor behind Warren's removal from office.
The U.S. Court of Appeals for the 11th Circuit ruled today that a lower district court erred when it dismissed Warren's lawsuit last January despite finding that DeSantis violated Warren's First Amendment rights by suspending him from office for protected speech.
"The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit," U.S. Circuit Judge Jill Pryor wrote. "On remand, DeSantis must prove that unprotected activity, such as Warren's actual performance or his policies, motivated him to suspend Warren."
Last January, U.S. District Judge for the Northern District of Florida Robert Hinkle sharply criticized the DeSantis administration's partisan motivations for suspending Warren, formerly the Hillsborough County State Attorney and one of the most prominent progressive prosecutors in the state.
"In short, the controlling motivations for the suspension were the interest in bringing down a reform prosecutor—a prosecutor whose performance did not match the Governor's law-and-order agenda—and the political benefit that would result," Hinkle wrote in his order. "The actual facts—whether Mr. Warren actually had any blanket nonprosecution policies—did not matter. All that was needed was a pretext to justify the suspension under the Florida Constitution."
But although Hinkle found that the DeSantis administration's reasons for removing Warren were specious and included protected First Amendment speech—such as being affiliated with the Democratic Party progressive megadonor George Soros—he dismissed the lawsuit on the grounds that DeSantis would have removed Warren anyway for other unprotected conduct.
DeSantis suspended Warren in August of 2022 for alleged neglect of duty after Warren signed letters saying he would not enforce state laws restricting abortion or transition-related medical care to transgender minors. The DeSantis administration cited those letters, as well as Warren's non-prosecution policies for certain low-level crimes, such as "resisting without violence" charges—an offense that had become derisively known as "biking while black" because it was overwhelmingly applied against black bicyclists. The move came after the Justice Department released a 2016 report that found that 75 percent of bicyclists stopped by Tampa police were black.
Warren filed a federal lawsuit shortly after claiming the ouster violated his First and 14th Amendment rights.
The 11th Circuit found that Warren's signing of letters was protected First Amendment activity. It also found that the record established during the bench trial in Warren's lawsuit showed that the state investigation into Warren's office was sloppy and minimal at best; DeSantis' overriding motivation was the political benefit of ousting an outspoken prosecutor with a contrary ideology.
"The district court's findings show that DeSantis never suspended Warren because DeSantis disagreed with his actual office policies or case decisions," Pryor wrote.
In an emailed statement to Reason, DeSantis' press secretary Jeremy Redfern said the 11th Circuit opinion "sets a dangerous precedent, and it will empower the chaos we see across the United States as politically motivated prosecutors will continue to ignore criminal laws they don't like and put our communities at risk."
"A state prosecutor's declared commitment to not enforce the laws of this state is not protected by the U.S. Constitution," Redfern said. "The federal appeals court is flat wrong to have concluded otherwise."
Redfern said the governor's office is still reviewing the decision, "but we will ensure that Florida's sovereignty and constitution are respected."
On the website X, formerly known as Twitter, Warren responded to the 11th Circuit ruling:
"This is what we've been fighting for from the beginning—the protection of democracy," Warren wrote. "We look forward to returning to the district court for the relief that has been denied to me and all the voters of Hillsborough County for 17 months: reinstating the person elected by the voters."
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Warren's job performance, not his ideology,
Um, "reform prosecutor", show me the reform prosecutor, I'll find you the incompetence.
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Got tossed for cause, and will stay tossed, even while trying desperately to medal in the victim Olympics.
In the women's division?
"DeSantis suspended Warren in August of 2022 for alleged neglect of duty after Warren signed letters saying he would not enforce state laws restricting abortion or transition-related medical care to transgender minors. The DeSantis administration cited those letters, as well as Warren's non-prosecution policies for certain low-level crimes, such as "resisting without violence" charges..."
Seems pretty reasonable. Announcing that you aren't going to do your job (and also already not doing your job in some ways) seems like a good opportunity to find new employment.
Yeah I'm honestly baffled. How is declaring your intention not to prosecute under the statutes of the state you were elected in "protected speech"? He would certainly be free to criticize those laws. But to declare his intention to defy the Florida legislature seems like a pretty straightforward violation of his job description.
That was my takeaway.
I'm pretty sure if I send my boss an email declaring my intention to stop doing my job, he's going to stop signing my paychecks.
The problem is that it's not just a job, it's an elected office. Do the people of his county have the right to elect a prosecutor who promises not to enforce certain laws? It's not obvious to me that they don't. What about all the "constitutional sheriffs" around the country who have vowed not to enforce laws contrary to the 2nd Amendment, or that imposed COVID restrictions?
I dunno. I'm not sure what a "county level State Attorney" counts as, in that sense. Is it a county office or a state office?
On the flip side, it's not like I didn't cheer when the NM Attorney General said he wasn't going to prosecute our psychotic bitch governor's anti 2A executive order, so maybe I'm being a hypocrite.
It is an elected office, but the Florida Constitution allows for removal from office for poor performance.
Sounds like a judicial version of jury nullification.
Yes, this! Also note that this prosecutor was elected! What next, is the USA-POTUS going to be entitled to dismiss all duly elected state governors who belong to the "wrong" political party?
(I'm quite sure that Trump-ass-POTUS would just LOVE to do exactly that!)
The Florida Constitution specifically gives the governor that power.
Nice try though.
Didn't you sing another tune when it was State officials enforcing State law after the gay marriage ruling? Why is this decission to abdicate doing their job good but enforcing the status quo until the legislature does it's job impermissible? Right, you're a leftist and only good Marxist actions to destroy Western Civilization are to be praised.
Is it all employees that can choose to mot do their job as their personal whims dictate or just Leftist allies?
Let's not bring whataboutism into the conversation. What happened then is then. This is 2024.
Just looking for a consistent POV instead on consistent repressive tolerance.
"It's different when (I / my team) do it", is the refrain of all pseudo-authoritarian, busybody, political hacks.
The federal judiciary is entirely out of control.
Hmmm…
One appeals court just allowed 250k judgement against a clerk who refused to give out marriage licenses.
But apparently you can also openly refuse to do your job as a DA.
Total equanimity.
*checks Chinese calendar*
I believe 2024 is the year of the woodchipper.
Finally, my time has come!
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Did whoever prosecuted or sued the county clerk brag in public about doing this for political reasons? Also, it was not for _saying_ she would not do her job, but for _actually_ not doing her job.
Fatty apparently dropped out of the race.
Stage gave way;)
Growing Discontent
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Yeah, but have they tried unicorn farts yet?
Not happening until it appears in The Fatlantic or Salon.
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>and now the DeSantis administration will have to argue that Warren's job performance, not his ideology,
Guy says 'my ideology means I an refusing to do my job' but he was supposed to have been left in place for several more years in order to do real damage - *then* he could be removed?
What about Kim Davis? I'm pretty sure the concensus is that she was supposed to do her fucking job and if her ideology got in the way of that she could kick rocks.
>DeSantis suspended Warren in August of 2022 for alleged neglect of duty after Warren signed letters saying he would not enforce state laws restricting abortion or transition-related medical care to transgender minors.
Is this not Warren making policy? Oh, you can sign the letters saying you will or won't do this or that - but don't you actually act on it? And we're what? Supposed to wait to see if he acts on it?
Supposed to wait to see if he acts on it?
YES. That is after all the Trump Standard. Trump gets to say all sorts of crazy shit and nobody is supposed to complain or even criticize him until there is an ACTION that is problematic. Right? Right?
So Trump gets to call illegal immigrants "vermin" and accuse them of "poisoning the blood of America" and we are all supposed to shut up and anyone criticizing him for his speech has TDS and is stupid and wrong. Only if he personally murders an illegal immigrant are we allowed to criticize him at all, and then, only relative to Democrats who as we know are communists guilty of evil so really murdering an illegal immigrant isn't so bad. Isn't that the standard we are using now?
So yes he gets to SAY whatever he wants about anything even if it's stupid and wrong and you have to shut up and take it and do nothing. That is your standard.
Yeah, basically.
You might have a point if you were comparing apples to apples. So it would be more like Trump getting elected and then saying that he was going to selectively execute the constitutional laws as duly written and approved by congress (executive orders can get fucked for all I care).
As a side note, I’m pretty sure he said that “communist, Marxist, and fascists live like vermin”, not immigrants. But I could be wrong.
This is the actual quote:
“We pledge to you that we will root out the communists, Marxists, fascists and the radical left thugs that live like vermin within the confines of our country.”
Seems reasonable to me.
"Then I have an Article 2, where I have the right to do whatever I want as president." -- Trump, in 2019, while he was president
But to criticize Trump for that comment means TDS and we should shut up and only wait until actions take place.
Not TDS to criticize that comment. Fuck the imperial presidency.
And he does not have that power. The lack of a wall showed that he did not, in fact, have the power to do whatever he wants.
No President should have that power. Only the Right, though, seems to be constrained by that reality. Biden has had few problems running roughshod.
Biden said he'd enforce Constitutional laws and has repeatedly opted not to do so. Because he has that power.
Biden has ignored the Constitution far more than Trump ever considered.
Yes, and each time he refuses to prosecute slam dunk cases you're supposed to ignore that or accept whatever nonsensical lie he tells as to why.
Hi,
Suspending Warren in 2022 stemmed from his stance on not enforcing certain state laws. While signing letters indicates policy intent, the concern lies in potential actions. Waiting to see if he acts on it raises valid questions about policy enforcement.
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"In short, the controlling motivations for the suspension were the interest in bringing down a reform prosecutor"
My...such judicial language. Sounds totes real.
Yeah I’m honestly baffled. How is declaring your intention not to prosecute under the statutes of the state you were elected in “protected speech”? He would certainly be free to criticize those laws. But to declare his intention to defy the Florida legislature seems like a pretty straightforward violation of his job description.https://www.flowerhutmcallentx.com/
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