Elliott did testify at this week’s appeal hearing.
Elliott and the NFLPA claim in the petition that Roberts’ conclusions about the case were concealed during the disciplinary process and would’ve helped “exonerate” Elliott. A ruling is expected either Friday or Monday at the latest.
The NFLPA’s filing calls for the court to vacate any suspension of Elliott, accusing the league’s appeal process of being “fundamentally unfair” and citing new facts revealed during this week’s hearing that wrapped up Thursday.
According to the letter Elliott received informing him of the suspension three weeks ago, the National Football League believed he used “physical force” three times in a span of five days in a Columbus, Ohio, apartment last July resulting in injuries to Thompson’s face, neck, shoulders, arms, hands, wrists, hips and knees.
Roberts further testified, according to the hearing transcripts, that she would not have recommended discipline for Elliott based on her findings and that she was not included in the part of the process where the committee that investigated the Elliott matter recommended discipline to commissioner Roger Goodell.
The NFLPA also said “without testimony from the commissioner, it was not possible to determine the full impact of the conspiracy, or precisely what the commissioner knew or did not know about his co-lead investigator’s conclusion that there was not sufficient credible evidence to proceed with any discipline under a League Personal Conduct Policy”.
Similar to the Tom Brady “Deflategate” case that went to court, there’s a possibility that the court waits until next offseason to hear the case, which would allow Zeke to play in the upcoming season.
The lawsuit says the union and Elliott’s representatives plan to file for a temporary restraining order in hopes of making Elliott eligible for the season opener September 10 against the New York Giants.
Sports-law analyst Daniel Wallach predicted that the NFLPA would file the complaint before Henderson made his ruling in order to secure favorable home-court advantage, if you will.
The NFL had no comment on the filing.
“Fueled by what they believe were procedural errors made by the NFL during the initial ruling, Elliott and the NFL Players Association filed suit in federal district court in Plano on Thursday night in hopes of gaining a temporary injunction to block the suspension, allowing him to play until the case is resolved”.