By Mike Scarcella
(Reuters) – A U.S. appeals court on Friday said former Democratic Florida prosecutor Andrew Warren cannot pursue a lawsuit claiming he was wrongfully suspended by Republican Governor Ron DeSantis.
In a brief order, the 11th U.S. Circuit Court of Appeals said the case was moot because Warren lost his re-election bid in November and cannot be reinstated.
The court threw out a prior decision that revived Warren’s lawsuit against DeSantis, which accused the governor of retaliating against him over his support for transgender care and abortion rights.
The ruling comes one year after an 11th Circuit panel revived Warren’s case over his suspension as the Tampa-area state prosecutor. Florida asked the full appeals court to review the order, and then Warren complained in July that the court was dragging its feet in deciding Florida’s request as the election fast approached.
Warren’s lawyers in a statement criticized the timing of the new 11th Circuit ruling, saying the court “allowed the clock to run out.” They called the decision “a sledgehammer not only to the First Amendment, but also to the rule of law, at a time when our nation urgently needs unfractured confidence in both.”
A representative for DeSantis did not immediately respond to a request for comment.
Warren in November lost his election bid to Republican Suzy Lopez.
DeSantis suspended Warren in 2022 after he pledged he would not bring criminal cases against people seeking or providing abortions despite legal restrictions that Florida has placed on the procedure.
DeSantis has maintained he suspended Warren for “neglect of duty” after Warren and other prosecutors signed a statement supporting abortion rights.
Warren’s lawsuit failed in the trial court, but the 11th Circuit in January 2024 said the case should proceed.
“The First Amendment prevents DeSantis from identifying a reform prosecutor and then suspending him to garner political benefit,” the appeals panel said.
The case is Warren v. DeSantis, 11th U.S. Circuit Court of Appeals, No. 23-10459.
For Warren: David O’Neil of Debevoise & Plimpton; Jean-Jacques Cabou of Perkins Coie
For DeSantis: Henry Whitaker of the Florida Attorney General’s Office; George Levesque of GrayRobinson
Read more:
Ousted Fla. prosecutor slams appeals court for dragging out case against DeSantis
Florida’s DeSantis must face ousted prosecutor’s retaliation lawsuit
(Reporting by Mike Scarcella)
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