Elliott suspension is back in place
Running back, union may be out of options after latest court ruling favours NFL
Ezekiel Elliott and the Dallas Cowboys no longer are in a state of suspended animation. The running back’s six-game suspension finally has begun.
The NFL players union on Thursday lost what probably was its last legal chance to put Elliott’s league-issued domestic-violence suspension on hold until the union’s court battle to have that punishment quashed altogether can be resolved. And that appeal case at least got a shove from behind on Thursday, timing-wise.
A three-judge panel on the U.S. Second Circuit Court of Appeals in Manhattan listened to arguments from both the union (with Elliott present) and the league. It took less than an hour for the panel to decide in favour of the NFL. It terminated the union’s motion.
Thus, Elliott’s six-game suspension begins on the playing field Sunday, but before that, he immediately is barred from all team activities and cannot have any football communications with his team again until Monday, Dec. 18.
Elliott’s controversial suspension was to have begun at the start of the regular season in September, but the union has jumped from court to court seeking stays and injunctions that would allow Elliott to play while the appeal plays out in court.
The Second Circuit court on Thursday ordered that that appeal be expedited, and that court will begin hearing oral arguments on Dec. 1. That’s four games into Elliott’s suspension.
The players union has argued in courts for three months that Elliott would suffer irreparable harm if he were to sit out the six games only to ultimately win the appeal of his suspension — on procedural grounds — after the fact.
But despite a series of short-term stays and injunctions, court after court ultimately has ruled against the delays.
NFL Network’s legal expert Gabe Feldman said only two legal options remain for the union and Elliott: (1) to appeal again to the Second Circuit by requesting an “en banc” hearing before all of the Second Circuit’s judges; or (2) to petition the Supreme Court of the United States to hear the case. Feldman termed both options “the longest of shots.”
The NFL issued Elliott’s suspension in August. It was a controversial decision for a number of reasons. Foremost because the Columbus City Attorney’s office chose not to pursue criminal prosecution against Elliott in September 2016, after four witnesses disputed his then-girlfriend’s claims that he had roughed her up at least three times in one week in July 2016.
Additionally, the NFL’s chief investigator, Kia Roberts, did not find the girlfriend’s testimony to be credible and concluded no suspension was warranted. Commissioner Roger Goodell did not consult Roberts — the only NFL investigator to interview the alleged victim — regarding punishment, nor even did Goodell ask her for a recommendation.
‘UNINFORMED OR NONSENSE’: Chief NFL spokesman Joe Lockhart told NFL writers on a conference call Thursday afternoon that commissioner Goodell’s contract extension will “be wrapped up soon.” This, even though Lockhart confirmed reports that Cowboys owner Jerry Jones has indeed threatened to sue other owners for their handling of Goodell’s contract negotiations.
The six NFL owners on the league’s compensation committee stripped Jones of his consultative role in that process after his legal-threat bombshell, Lockhart confirmed.
But Lockhart denied reports that claimed a reason Jones is livid is the committee won’t make Goodell’s contract extension from 201924 mostly performance dependent. Such reports fall “under the category of uninformed or nonsense,” Lockhart said.
“I can tell you that everything that I have read on that is wrong and should not be taken seriously,” Lockhart added.
COLTS CUT DAVIS: Indianapolis waived disgruntled CB Vontae Davis on Thursday morning. Davis did not play Sunday at Houston, a “coach’s decision,” according to head coach Chuck Pagano. Davis on Wednesday claimed he’d been “disrespected.” The ninth-year pro has complained about a significant groin injury and sought a second opinion. NFL Network’s Ian Rapoport said Davis will now proceed with groin surgery.
PATS CLAIM BENNETT: New England claimed TE Martellus Bennett off waivers on Thursday, a day after the Green Bay Packers let him go. Before all you Bill Belichick conspiracy theorists start pointing fingers and screaming, understand that only one team in the NFL (Philadelphia, at 8-1) has a better record than New England’s 6-2 mark. At least 26 teams had the chance to claim Bennett before the Pats, but didn’t.