Written by Jared Dubin at CBS Sports.com
U.S. District Judge Katherine Polk Failla denied Ezekiel Elliott’s request for a preliminary injunction Monday night, allowing the six-game suspension the NFL handed the running back for violating the league’s personal conduct policy to begin.
However, enforcement of the order is stayed for 24 hours, “to afford the parties an opportunity to consider their appellate options.” The next move in this case is likely an NFL Players Association appeal to the United States Court of Appeals for the Second Circuit, which has jurisdiction over appeals from the district courts in Connecticut, Vermont and New York. (Elliott and the NFLPA are unlikely to win a ruling in the Second Circuit, which counts the Tom Brady appeal as controlling precedent.)
Judge dissolves temporary restraining order and denies Elliott’s motion. He is suspended.
— Kate Hairopoulos (@khairopoulos) October 31, 2017
Judge: the Court concludes that NFLPA failed to demonstrate a substantial question warranting the extraordinary remedy of injunctive relief
— Kate Hairopoulos (@khairopoulos) October 31, 2017
Judge: the proceedings in their totality accorded with the CBA & the personal conduct policy — and..with precepts of fundamental fairness.
— Kate Hairopoulos (@khairopoulos) October 31, 2017
Judge says Elliott had ample opportunity to challenge Commissioner Goodell’s findings in arbitration hearing.
— Kate Hairopoulos (@khairopoulos) October 31, 2017
Elliott will now miss the Cowboys’ games against the Chiefs, Falcons, Eagles, Chargers, Washington and the Giants. He would be eligible to return on Dec. 17 for the Cowboys’ Week 15 game against the Raiders, pending an appeal. However, because his request for an injunction was denied, the suspension begins immediately and he cannot practice with the team or play in games unless the Second Circuit reverses course on this ruling.
Judge Failla asked pointed questions of both sides throughout the hearing, focusing on the lack of evidence of a “conspiracy” against Elliott, which the NFLPA alleged in its initial filings; the idea of irreparable harm to Elliott if he were to be suspended; and the NFL’s barring the testimony of lead investigator Kia Roberts, who said she did not find Elliott’s accuser credible and would not have recommended a suspension.
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