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Federal judge rules DeSantis violated Florida constitution in suspending elected prosecutor, lacks jurisdiction to reinstate him

A Florida federal judge on Friday ruled that Napoleonic autocrat Governor Ron DeSantis violated the state constitution last August when he suspended Tampa-area Hillsborough County State’s Attorney Andrew Warren for being “woke” and refusing to enforce state laws criminalizing abortion, but lacks jurisdiction to reinstate Warren under the 11th Amendment proscription on federal courts “awarding declaratory or injunctive relief against a state official based only on a violation of state law.”

“The Governor violated the First Amendment by considering Mr. Warren’s speech on matters of public concern – the four FJP policies save one sentence – as motivating factors in the decision to suspend him. The Governor violated the First Amendment by considering Mr. Warren’s association with the Democratic Party and alleged association with Mr. Soros as motivating factors in the decision. But the Governor would have made the same decision anyway, even without considering these things. The First Amendment violations were not essential to the outcome and so do not entitle Mr. Warren to relief in this action. The suspension also violated the Florida Constitution, and that violation did affect the outcome. But the Eleventh Amendment prohibits a federal court from awarding declaratory or injunctive relief of the kind at issue against a state official based only on a violation of state law,” wrote Northern District of Florida Circuit Judge Robert Hinkle in the ruling.

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