Santa Fe New Mexican

Elliott suspension saga continues

Star running back has 24 hours to appeal latest court ruling to keep him off the field

- By Tom Hays

NEW YORK — A federal judge cleared the way Monday night for the NFL to enforce a six-game suspension of Dallas Cowboys running back Ezekiel Elliott over domestic violence allegation­s.

U.S. District Judge Katherine Polk Failla denied the request for a preliminar­y injunction from players’ union attorneys working for Elliott. Failla put the ruling on hold for 24 hours to give Elliott’s legal team time to appeal, a likely move.

It’s the second time a federal ruling has overturned a reprieve that kept Elliott on the field. Earlier this month, a federal appeals court threw out a Texas court’s injunction and ordered the dismissal of Elliott’s lawsuit there.

The NFL briefly enforced Commission­er Roger Goodell’s suspension before a judge sitting in for Failla in the Southern District of New York issued a temporary restrainin­g order that blocked the punishment for the second time.

If the suspension holds this time, Elliott will be out starting Sunday at home against Kansas City. He will be eligible to return for the final three games, starting Dec. 17 at Oakland. The Cowboys (4-3), defending NFC East champions, are in second place in the division.

Elliott attended the roughly two-hour hearing in New York on Monday, a day after rushing for 150 yards and two touchdowns in a 33-19 win at Washington. Last year’s NFL rushing leader left court without speaking to reporters.

One of Elliott’s lawyers and an NFL spokesman didn’t immediatel­y respond to requests for comment after the ruling.

The 22-year-old Elliott was suspended in August after the league concluded following a yearlong investigat­ion that he had several physical confrontat­ions in the summer of 2016 with Tiffany Thompson, his girlfriend at the time.

Prosecutor­s in Columbus, Ohio, decided not to pursue the case in the city where Elliott starred for Ohio State, citing conflictin­g evidence. Elliott denied the allegation­s under oath during his NFL appeal.

The suspension’s announceme­nt led to weeks of court filings, with NFL Players Associatio­n lawyers contending league investigat­ors withheld key evidence from Goodell and that the appeal hearing was unfair because arbitrator Harold Henderson refused to call Goodell and Thompson as witnesses.

Unlike three federal judges before her, Failla rejected most of those claims and backed the NFL’s contention that it followed the collective bargaining agreement in suspending Elliott, and that those procedures were supported by federal labor law.

“Having negotiated with the NFLPA over the terms of a particular CBA, the NFL has an interest in obtaining the benefit of its bargain — an interest that might well be eroded if courts such as this one were permitted to micromanag­e the disciplina­ry decisions of the commission­er,” Failla wrote.

The judge also said some of the reasons for Elliott’s claim that he would suffer irreparabl­e harm with a suspension were speculativ­e.

“And any individual honors Elliott might attain absent suspension depend on countless variables — such as the Cowboys’ overall offensive performanc­e, his opponents’ defensive performanc­e, and Elliott’s health — that together render this alleged harm far too speculativ­e to justify injunctive relief,” Failla wrote.

 ?? CRAIG RUTTLE/THE ASSOCIATED PRESS ?? Cowboys running back Ezekiel Elliott, right, leaves federal court Monday after a hearing in New York. Elliott is once again seeking to have his six-game suspension by the NFL postponed.
CRAIG RUTTLE/THE ASSOCIATED PRESS Cowboys running back Ezekiel Elliott, right, leaves federal court Monday after a hearing in New York. Elliott is once again seeking to have his six-game suspension by the NFL postponed.

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