DeSantis asks judge to throw out lawsuit
Florida Gov. Ron DeSantis wants a federal judge to throw out a free speech lawsuit filed by a Democratic prosecutor he suspended from office over statements about not pursuing criminal charges in abortion, transgender rights and certain low-level cases.
The Republican governor told U.S. District Judge Robert Hinkle of Tallahassee in a filing late Friday that Andrew Warren — removed last month as elected state attorney in Hillsborough County, which includes Tampa — cannot claim First Amendment protection for his comments on how he would handle these hotbutton political issues.
“Mr. Warren had no First Amendment right, as a public official, to declare that he would not perform his duties under Florida law,” state Solicitor General Henry C. Whitaker wrote in the 39page filing for DeSantis.
Warren said the governor’s dismissal motion misses the mark. His lawsuit, which he filed Aug. 17, ultimately seeks his reinstatement as state attorney.