Judge Rejects Lawsuit from Florida Sheriff Fired After High School Shooting

A judge on Thursday dismissed a lawsuit filed by the Florida sheriff whom Gov. Ron DeSantis suspended after accusing him of failing to prevent the Parkland school shooting.

Broward Circuit Judge David Haimes ruled that DeSantis’ executive order removing Scott Israel from his position as Broward County sheriff was consistent with the Florida Constitution. The judge didn’t assess the merits of the specific allegations against Israel.

DeSantis, who suspended Israel from his elected position in January and appointed an acting sheriff, accused Israel of neglect of duty and incompetence. The governor has said Israel displayed poor leadership and failed to keep families and children safe before and during the Feb. 14, 2018, shooting at Marjory Stoneman Douglas High School that left 17 people dead.

“I am pleased that the court recognizes my authority as governor to suspend a public official for reasons of neglect of duty and incompetence,” DeSantis said in a prepared statement. “Now, I will ask the Senate to move forward with the process of the formal removal of Scott Israel. Broward County deserves professional law enforcement leadership that will safeguard the best interests of the community and work diligently for the protection of life.”

Israel has said DeSantis overstepped his constitutional authority and interfered with the public’s right to determine their elected official. His attorney said they’re appealing Thursday’s decision.

“The governor’s disagreement with Sheriff Israel’s decisions is not a basis to remove him from office,” attorney Benedict Kuehne said in a prepared statement. “Only the voters of Broward County, who overwhelmingly elected Scott Israel as sheriff, should have the authority to decide who is their elected sheriff. The Fourth District Court of Appeal will be asked to decide this important constitutional question.”

The Florida Legislature, which must approve DeSantis’ decision to suspend Israel, is reviewing the matter. The Senate president has appointed a special master to preside over a hearing on the suspension. Senate President Bill Galvano previously said the Senate would wait for Israel’s court proceedings to play out first.

Before the shooting, Israel had changed his department’s policy to say deputies “may” confront shooters, instead of “shall.” Critics say that gave eight deputies an excuse for not confronting the gunman during the shooting.

Several parents of slain students had pushed the newly elected Republican governor to remove Israel, a Democrat. Calls for Israel’s ouster began shortly after the shooting when it was revealed that the deputy assigned to guard the school, Scot Peterson, had not gone into the building to confront the shooter, but took cover outside.

The pressure increased after it was learned the sheriff’s office received and disregarded a call in 2016 and another in 2017 warning that suspect Nikolas Cruz, now 20, was a potential school shooter. Deputies also had about 20 contacts with Cruz as a juvenile – mostly over arguments with his now-deceased mother.

Israel has said none of those contacts warranted an arrest. Law enforcement members of the state commission investigating the shooting have agreed with that conclusion.

Cruz remains jailed, charged with 17 counts of first-degree murder. He has offered to plead guilty if prosecutors take the death penalty off the table. Prosecutors have refused.