Ruling allows Ezekiel Elliott to play Sunday vs. Chiefs
By Austin Knoblauch NFL.com
Published: Nov. 3, 2017 at 10:01 a.m.
Updated: Nov. 3, 2017 at 10:13 a.m.
A federal appeals court granted the NFL Players Association a brief administrative stay in the Ezekiel Elliott case on Friday, reinstating the Dallas Cowboys running back's eligibility for Sunday's game against the Chiefs.
The stay request approved by the 2nd U.S. Circuit Court of Appeals only remains in place through Sunday, meaning Elliott will be suspended again heading into Week 10. However, there's a chance the 2nd Circuit could grant the union request for an emergency injunction next week. If it does so, Elliott would have his playing eligibility restored until a decision is made on the NFLPA's appeal.
The court has yet to schedule a hearing date for the NFLPA's injunction request, but the motion has been referred to the next available three-judge panel.
Friday's decision only guarantees Elliott will play this week. Unless his lawyers manage to get the suspension lifted again, Elliott will miss the next six games against the Atlanta Falcons, Philadelphia Eagles, Los Angeles Chargers, Washington Redskins, New York Giants and Oakland Raiders before being eligible to play in Week 16 against the Seattle Seahawks on Dec. 24.
NFL Commissioner Roger Goodell suspended Elliott in August after a year-long investigation into domestic violence allegations made against him by Tiffany Thompson, his former girlfriend. The NFL concluded he violated its personal conduct policy, which mandates a six-game suspension for a first-time domestic violence violation. Elliott, 22, was never charged and has denied wrongdoing.
The NFLPA's lawsuit, which was filed on the same day Elliott's appeal hearing ended, doesn't try to undermine the factual conclusions from the NFL's investigation -- it challenges the process the league undertook to suspend Elliott, Feldman said. The NFL wants to enforce Elliott's suspension this season and confirm Goodell's authority to issue punishment based on "conduct detrimental" to the league as mandated in Article 46 of the collective bargaining agreement.
It's virtually the same argument the NFL deployed in ultimately successful appeals against Brady during Deflategate and Adrian Peterson after he pleaded no contest to misdemeanor reckless assault. The 2nd Circuit is the same court that made the final decision in the Brady case.