Court
denies Elliott's injunction request
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[October 31, 2017]
(The Sports Xchange) - Dallas
Cowboys running back Ezekiel Elliott's six-game suspension is again
in effect after a ruling by U.S. District Judge Katherine Polk
Failla denied Monday a request for a preliminary injunction.
Failla, who heard arguments from the NFL and NFL Players Association
in the U.S. District Court for the Southern District of New York,
stayed the decision for 24 hours to afford Elliott and the NFLPA the
opportunity to consider appellate options.
They have the option of appealing Failla's decision to the U.S.
Court of Appeals, 2nd Circuit, and seek a stay that would allow
Elliott to continue playing during the appeal process.
The NFL dealt Elliott a six-game suspension Aug. 11 for violating
the league's personal-conduct policy relating to domestic-violence
allegations by a former girlfriend. He was never charged with a
crime by authorities who investigated the allegations.
The NFLPA was granted a preliminary injunction by a federal judge in
Texas on Sept. 8, but a federal appeals court in New Orleans sided
with the NFL on Oct. 12 and lifted the injunction. The NFLPA then
went to the Southern District Court in New York.
Elliott attended the court proceedings on Monday. The second-year
running back from Ohio State was granted a temporary restraining
order by U.S. District Judge Paul Crotty on Oct. 17, but that order
is expiring.
If Elliott serves the six-game suspension, he would be ineligible
until the Cowboys play at Oakland on Dec. 17.
Failla said in her ruling that "the NFLPA has failed to demonstrate
a substantial question warranting the extraordinary remedy of
injunctive relief or a balance of hardships that decidedly weighs in
its favor."
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Cowboys running back Ezekiel Elliott (21) prior to the game against
the Green Bay Packers at AT&T Stadium. Matthew Emmons-USA TODAY
Sports
"The arbitrator gave Mr. Elliott ample opportunity, in terms of both
proceedings and evidence, to challenge the Commissioner's decision,"
Failla added.
Dallas coach Jason Garrett said Monday that the Cowboys (4-3 after
beating Washington 33-19 on Sunday) are preparing for the
possibility of playing without Elliott.
"We have some veteran running backs," Garrett said during his weekly
Monday news conference. "We have some depth at that position. It's
not like we're just living this day and we don't think about the
future at all. You have to do that.
"I think you build your team that way at all positions. If this guy
is not able to play, who's your backup? Who can go in? We try to do
that with our offensive line, receivers, running backs, all
throughout our defense. That's the way you construct your team, and
you're always thinking about those scenarios."
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