Suspended Elliott files appeal with 2nd Circuit in last gasp attempt to stay on field
Dallas Cowboys running back Ezekiel Elliott filed an emergency appeal to his six-game suspension on Tuesday afternoon that was quickly rejected by Judge Katherine Failla of the Southern District of New York.
It was Failla who rejected his motion on Monday for a preliminary injunction in hopes of blocking the suspension.
It was a procedural move that was rebuked by Failla but it paved the way for Elliott and his legal team to seek a motion for emergency injunctive relief from the Second Circuit U.S. Court of Appeals.
On Monday, Failla said Elliott and the NFL Players Association lawyers failed to demonstrate a substantial question warranting the extraordinary remedy of injunctive relief.
Moreover, the court ruled that the NFL was fair in its investigation and arbitration process per the terms of the collective bargaining agreement and the league’s personal conduct policy.
She pointed to her Monday decision in rejecting the emergency appeal on Tuesday.
"For the Court to grant the NFLPA’s motion for a stay at this stage would, in effect, be to reverse its decision of last evening denying the NFLPA’s motion for injunctive relief," Failla said. "The NFLPA’s memorandum in support of its motion for a stay, which memorandum focuses largely on semantic differences and non-precedential decisions, does not cause the Court to question its conclusion that, under the relevant precedent. The NFLPA has failed to demonstrate a substantial question on the merits and a balance of hardships tipping decidedly in its favor on this record. Accordingly, the motion is DENIED."
As of now Elliott is officially suspended by the NFL for the next six games, short of another court ruling.
He was absent from the locker room on Tuesday when the Cowboys (4-3) met for the first time following Sunday’s 33-19 victory against the Washington Redskins and Monday’s court decision.
Elliott will now miss Sunday’s game against the Kansas City Chiefs and the following five versus the Atlanta Falcons, the Philadelphia Eagles, the Los Angeles Chargers, the Washington Redskins and the New York Giants.
He’ll be eligible to return on Dec. 17 against the Oakland Raiders.
Elliott’s continues to maintain his innocence and continues to fight to stay on the field after initially being suspended Aug. 11 under the NFL’s personal conduct policy for allegedly committing domestic violence against former girlfriend Tiffany Thompson.
He was never arrested or charged in the case and believes the NFL committed several errors regarding fairness in its investigation and arbitral process.
His argument for an injunction remain the same as the ones rejected by Failla that he will suffer irreparable harm absent stay pending appeal, and the NFL will suffer none.
That the NFLPA has made a strong showing of likelihood of success on the merits.
And that its in the public interest that Elliott get an injunction.
Elliott’s hopes remain a longshot, considering the Second Circuit is not only in the NFL’s backyard but its also place that league defeated Tom Brady in deflate gate, which is the precedent deciding case Failla used to reject the preliminary injunction on Monday.
Clarence Hill: 817-390-7760, @clarencehilljr
This story was originally published October 31, 2017 at 3:34 PM with the headline "Suspended Elliott files appeal with 2nd Circuit in last gasp attempt to stay on field."