NFLPA files motion on behalf of Ezekiel Elliott seeking emergency injunction

ByESPN.COM
November 2, 2017, 5:05 PM

— -- The NFL Players Association filed a motion on behalf of Dallas Cowboys?running back? Ezekiel Elliott with the 2nd U.S. Circuit Court of Appeals on Wednesday, seeking an emergency injunction to prevent the NFL from enforcing Elliott's six-game suspension.

In a filing, the NFLPA also requested the 2nd Circuit expedite its request and issue an administrative stay, asking for a decision by Friday so Elliott can play in Week 9.

The NFL then filed papers Thursday with the 2nd U.S. Circuit Court of Appeals, asking them to turn down the expedited request for the injunction pending appeal filed by the NFLPA.

Elliott, 22, received the six-game suspension on Aug. 11 for a violation of the league's personal conduct policy related to domestic violence allegations by a former girlfriend. He was never charged with any crime by the Columbus, Ohio, authorities who investigated the allegations.

In their appeal, the NFLPA argues that Elliott will suffer irreparable harm without an injunction, arguing that "courts have consistently concluded that professional athletes suffer irreparable harm when threatened with a potentially wrongful suspension."

The NFLPA also said it believes that a hearing before arbiter Harold Henderson in August was unfair. "[Vacating] is also appropriate because Henderson violated the CBA by refusing to have [Elliott's ex-girlfriend Tiffany] Thompson and [NFL commissioner Roger] Goodell to testify."

Finally, the NFLPA argued that preventing the suspension "would benefit many constituents, including NFL players and the NFL, as well as anyone subject to an arbitration provision, and it would not harm any critical public interest."

The NFLPA was granted a preliminary injunction by a federal judge in Texas on Sept. 8, but a federal appeals court in New Orleans ruled with the NFL on Oct. 12, lifted the injunction and ordered the dismissal of Elliott's lawsuit there. The NFLPA then went to the Southern District Court in New York. A U.S. District judge granted Elliott a temporary restraining order on Oct. 17 that allowed him to play in the past two games, but that order was expiring.