Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for FreeJ. Pryor vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly denied ex-state attorney Andrew Warren's motion for injunctive relief in a civil rights action against Florida Governor Ron DeSantis arising after the governor suspended Warren from office and appointed a political ally to replace him. The suspension occurred after Warren signed transgender healthcare and abortion advocacy statements. The district court incorrectly found that the First Amendment did not protect Warren's signing of the statements. Warren's agreement with a sentence in the abortion statement saying that signatories committed to exercising discretion and refraining from prosecuting people who seek or provide abortions qualified as protected speech. The district court also incorrectly found that the First Amendment did not bar the governor from suspending Warren to gain a political benefit. The case is remanded for the district court to consider whether the governor would have made the same decision based solely on Warren's performance and policies. Vacated.