NFL to appeal Ezekiel Elliott's injunction to 5th Circuit
— -- FRISCO, Texas -- The NFL has taken steps to reverse a judge's preliminary injunction that blocks the six-game suspension of? Dallas Cowboys running back Ezekiel Elliott?for violating the personal conduct policy.
First, the league asked Judge Amos Mazzant for an emergency stay of the preliminary injunction that he put into place Friday. Second, the NFL filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit.
On Monday, Mazzant did order the NFL Players Association to file a response to the NFL's request for a stay by Wednesday at 6 p.m. ET. The NFL will have until 6 p.m. Friday to file its response.
If the judge will not reverse his decision, it's not clear how quickly an appeal will be heard. If Mazzant's initial decision is overturned, then Elliott's suspension could go into effect immediately.
Elliott was eligible to play Sunday against the New York Giants, but without Mazzant's ruling he would have missed the next six games and not been able to return until Nov. 5 against the Kansas City Chiefs.
The injunction likely means Elliott will be allowed to play the entire season, but the NFL could ask for an expedited hearing of the appeal.
The NFL is following a similar path it took in the 2015 Deflategate case against New England Patriots quarterback Tom Brady. Brady initially won a reprieve in district court, but a higher court affirmed the NFL's four-game penalty for deflating game balls. That came after the 2015 season, so Brady sat out the first four games of the 2016 season.
After the Cowboys' 19-3 season-opening win against the Giants, Elliott spoke to reporters for the first time since June?and expressed relief that he would get "a chance to prove my innocence." He said he was "just happy that I'll get to be with the guys for as long as permitted and not miss time and not having to be away from them."
A former girlfriend accused Elliott of domestic violence on separate occasions in July 2016 in Columbus, Ohio. The city attorney's office did not pursue charges against Elliott, citing inconsistent evidence. The NFL's personal conduct policy does not require the same burden of proof for a player to be found in violation. In levying its suspension, the league said it had persuasive evidence Elliott committed violence against Tiffany Thompson on multiple occasions.
NFL appeals officer Harold Henderson denied Elliott's appeal, but Mazzant blocked the penalty.
"Just kind of your name getting dragged through the mud," Elliott said Sunday, when asked what the most difficult part of the process has been. "It's been 14 months. Just kind of being associated with that, that's tough."
Asked if the process has been unfair to him, Elliot did not want to comment further.
"I've kind of stopped worrying about it because it's not in my hands," Elliott said. "At this point I'm focused right now on being the running back I need to be for this team to be successful so we can accomplish what we want to, and remaining focused to keep playing at a high level."
Elliott said "it's definitely been a tough last 14 months. At times it's gotten so hard you start to lose faith."
If Elliott's suspension is put into effect, the Cowboys would go with Darren McFadden, Alfred Morris and Rod Smith at running back. Morris served as Elliott's backup Sunday, and McFadden was a healthy scratch for the first time in his career, even though the Cowboys prepared him all summer to be Elliott's replacement.
