NFL Files Motion to Dismiss Ezekiel Elliott Case from US District Court
September 5, 2017
The NFL reportedly filed a motion Monday to dismiss an NFLPA petition that seeks to void Dallas Cowboys running back Ezekiel Elliott's six-game suspension.
A.J. Perez of USA Today reported the news, noting the motion was filed to dismiss the case in the U.S. District Court. Kate Hairopoulos of the Dallas Morning News also reported the league filed the documents as a response to the running back's injunction request.
Perez called it "a very expected development" and shared the motion:
Michael McCann of Sports Illustrated noted the NFL cited its legal victory over Tom Brady seven times in the filing:
This comes after Adam Schefter of ESPN previously reported the "NFLPA filed a temporary restraining order in Texas, calling for the courts to block any suspension upheld by NFL arbitrator Harold Henderson."
Perez pointed out there was also a petition to oppose the restraining order:
Perez summarized the filings from the league after the NFLPA filed the petition to void the suspension in addition to the temporary restraining order, stating the NFL's argument was "Elliott does not have the legal standing to challenge in federal court a six-game suspension over domestic assault allegations."
As Perez explained, this is nothing new for the NFL: "The NFL was expected to challenge the NFLPA's claims much as it did when other players—including New England Patriots quarterback Tom Brady—have gone to court over the years to challenge the NFL's personal conduct policy."
Gabe Feldman of the Tulane Sports Law Program added more details:
NFL Network's Ian Rapoport previously pointed out there was a timing element to the entire process as well in terms of Elliott's chance to play in Sunday's opener against the New York Giants:
This process traces back to Aug. 11, when Schefter reported Elliott was suspended for six games for alleged domestic violence in 2016. The suspension came because he violated the league's personal conduct policy, although he appealed the ban and issued a statement on Twitter expressing his disagreement.
Mike Florio of Pro Football Talk reported Sept. 1 that Elliott had filed a 30-page petition in Texas federal court stating he was victimized by a "league-orchestrated conspiracy...to hide critical information."
The petition said NFL director of investigations Kia Roberts determined Elliott's accuser "was not credible in her allegations of abuse," but the opinion was "concealed from critical aspects of the disciplinary process," per Florio.