The NFLPA filed a request for a temporary restraining order in the Eastern District of Texas, calling for the courts to block any suspension of Dallas Cowboys running back Ezekiel Elliott upheld by NFL arbitrator Harold Henderson, according to a court filing obtained by ESPN.
League spokesman Brian McCarthy on Friday disputed a key claim in a lawsuit filed by the players' union on behalf of Elliott seeking to vacate an upcoming ruling on an appeal.
Elliott says the two went home and had sex after the parade - and again at a later date - which proves she didn't feel he committed any wrongdoing. Elliott contends that he found out the last day of the NFL Combine on February 29.More news: North Korea: Theresa May urges China to intervene
If Henderson rules that Elliott should be suspended for any amount of games, the court could stay the suspension while it reviews the situation with Elliott potentially playing while the case works its way through the courts.
The petition claims Elliott was not given a fair process when he was denied an opportunity to confront his accuser and additionally when the testimony of Roger Goodell was not compelled during the appeal hearing. Roberts was the only National Football League employee who interviewed Thompson during the investigation.
According to CBS Sports, Jeffrey Kessler, a lawyer representing Elliot, made a "claim that the "Elliott Report" (the document produced after nearly a year of investigatory work) "deliberately omitted a conclusion" as to what sort of punishment the league should hand down for Elliott". In addition, they planned on noting his refusal to allow them to question Thompson during the appeal hearing, as well as his decision to bar the introduction of notes and material investigators gathered while interviewing her.More news: Texans-Cowboys preseason game canceled due to Hurricane Harvey
It is a separate incident, and ultimately might have no implications on the appeal of his suspension, but Elliott's actions and rationale for the incident don't do him any favors. "It is the commissioner and the commissioner's sole role to decide on discipline".
Elliott is not waiting that long for a decision.
Elliott is coming off a sensational season in which he rushed for a Cowboys rookie-record 1,631 yards and 15 touchdowns. If the decision doesn't come by then, Elliott will be eligible to play the New York Giants in Dallas' season opener on September 10.More news: Vice President Pence speaks in Greenbrier County, W.Va.
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