49ers

Ezekiel Elliott's suspension again on hold, now expected to play vs 49ers

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USATSI

Ezekiel Elliott's suspension again on hold, now expected to play vs 49ers

NEW YORK — Dallas Cowboys star Ezekiel Elliott was granted another legal reprieve Tuesday night in the running back's fight to avoid a six-game suspension over domestic violence allegations.

A New York federal judge issued a temporary restraining order blocking the league's suspension, clearing Elliott to play Sunday at San Francisco.

U.S. District Judge Paul Crotty's ruling came five days after a federal appeals court overturned a Texas court's injunction that had kept Elliott on the field.

Crotty granted the request for the restraining order pending a hearing before the presiding judge, Katherine Polk Failla, who is on vacation.

The NFL was ordered to appear before Failla on or before Oct. 30 to argue why the suspension should not be blocked by a preliminary injunction — the next step in the legal process — until the court can rule on challenges the players' union brought against the suspension.

"We are confident our arguments will prevail in court when they are taken up again later this month," NFL spokesman Brian McCarthy said.

Elliott, last year's NFL rushing leader as a rookie, was barred from the team's facility Tuesday as players returned from their off week. The NFL placed him on the suspended list Friday, a day after the league's favorable ruling from the 5th U.S. Circuit Court of Appeals in New Orleans.

The 22-year-old Elliott was suspended in August by Commissioner Roger Goodell after the league concluded following a yearlong investigation that he had several physical confrontations in the summer of 2016 with Tiffany Thompson, his girlfriend at the time.

Prosecutors in Columbus, Ohio, decided not to pursue the case in the city where Elliott starred for Ohio State, citing conflicting evidence, but the NFL did its own investigation. Elliott denied the allegations under oath during his NFL appeal.

The suspension's announcement in August led to weeks of court filings, with NFLPA lawyers contending that league investigators withheld key evidence from Goodell and that the appeal hearing was unfair because arbitrator Harold Henderson refused to call Goodell and Thompson as witnesses.

In an opinion accompanying the ruling, Crotty agreed with the Texas judge who had backed the claims of Elliott's attorneys. Crotty wrote that Henderson's denial of testimony from Goodell and Thompson was significant because of credibility issues related to Thompson.

"In effect, (Elliott) was deprived of opportunities to explore pertinent and material evidence, which raises sufficiently serious questions," Crotty wrote.

Attorney Daniel Nash, arguing for the NFL, accused Elliott's legal team of seeking relief from courts in Texas to evade courts in New York and the effect of the April 2016 ruling that reinstated a four-game suspension of New England quarterback Tom Brady in the "Deflategate" scandal.

Nash warned Crotty that allowing the union to continue to delay the suspension would invite "every player who's suspended" to go to court for relief.

"They know under the Brady decision they have no chance of success. None," Nash said.

Attorney Jeffrey Kessler, representing the players' union, said the harm to a player's short career was serious when a suspension is served.

"He can never get that back," Kessler said, arguing that the irreparable harm — among issues of law considered before a temporary restraining order is granted — faced by a player is much greater than harm claimed by the league when a suspension is delayed. In his opinion, Crotty agreed.

Nash suggested during the hearing that the union was overstating its claims of irreparable harm.

"In their view, an NFL player missing six games is the end of the world," he said.

Brady managed to delay his suspension for a year through the union's court challenges. He served it to start last season, when the Patriots went 3-1 without him and later won the Super Bowl.

Elliott's case shifted to New York after the appeals court ordered the Texas court to dismiss Elliott's lawsuit, which Judge Amos Mazzant did earlier Tuesday.

A three-judge panel of the New Orleans court ruled 2-1 last week that Elliott's attorneys filed the Texas lawsuit prematurely because Henderson had yet to decide on the running back's NFL appeal.

Elliott's legal team indicated it intended to pursue rehearing before a larger panel of the appeals court while also filing for the restraining order in the Southern District of New York.

The NFL filed in the New York court after Elliott's NFL appeal was denied because the league considers it the proper venue as the home of its headquarters and the site of the hearings before Henderson. It's also where the NFL won the Brady case in the 2nd U.S. Circuit Court of Appeals.

LeBron James: Colin Kaepernick ‘had a vision like Martin Luther King’

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USATSI/AP

LeBron James: Colin Kaepernick ‘had a vision like Martin Luther King’

LeBron James is an avid football fan. He's now an even bigger Colin Kaepernick fan than the sport. Following the Cavaliers' practice on Sunday, James opened up on Kaepernick and his absence from the NFL. 

"I've commended Kap, and for him to sacrifice everything for the greater good for everyone, for what he truly believed in, the utmost respect to him," James said to ESPN. "Obviously he had a vision like Martin Luther King and like some of our all-time greats that people couldn't see further than what they were doing at the point and time. And Muhammad Ali and things of that nature."

James believes the masses don't truly understand what Kaepernick was doing when he first took a knee as a protest against social and racial injustices in America. For his actions, James respects Kaepernick choosing his beliefs over his sport.

"When it's something that's new and it's something that people are not educated about or don't understand what your beliefs are all about, people are so quick to judge and people are so quick to say that what you're doing is wrong," James said. "For him to sacrifice the sport that he plays and to sacrifice the things he's done his whole life because he knew what he believed in, I salute him. I salute and respect that."

Add James to the list of those who believe Kaepernick is being blackballed by the NFL for taking a knee last season. The more games he watches, the more James sees the evidence on the wall. 

"I don't represent the NFL. I don't know their rules and regulations. But I do know Kap is getting a wrong doing, I do know that," James believes. "Just watching, he's an NFL player. He's an NFL player and you see all these other quarterbacks out there and players out there that get all these second and third chances that are nowhere near as talented as him. It just feels like he's been blackballed out of the NFL. So, I definitely do not respect that."

Kaepernick, who recently turned 30 years old, appeared in 12 games for the 49ers in the 2016-17 season. Through the air he completed 59.2 percent of his passes and ended the year with 2,241 yards, 16 touchdowns and four interceptions. Kaepernick also added 468 yards and two more scores on the ground. 

"The only reason I could say he's not on a team is because the way he took a knee," James said. "That's the only reason. I watch football every Sunday, every Thursday, every Monday night. I see all these quarterbacks -- first-string, second-team, third-team quarterbacks -- that play sometimes when the starter gets hurt or are starters that play. Kap is better than a lot of those guys. Let's just be honest."

For his career, Kaepernick has thrown for 12,271 yards and 72 touchdowns to 30 interceptions. With his speed as a dual-threat quarterback, Kaepernick has also gained 2,300 yards rushing and 13 more touchdowns. 

Former 49ers quarterback takes over under center for Cardinals

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AP

Former 49ers quarterback takes over under center for Cardinals

TEMPE, Ariz. — Blaine Gabbert will get his first start for the Arizona Cardinals when they play the Texans in Houston on Sunday.

Coach Bruce Arians announced the decision after Friday's practice.

Drew Stanton, the starter the last two games, bruised his knee early in the Thursday night loss to Seattle last week. He stayed in the game but has been limited in practice all week.

Arians said it will be a game-time decision as to whether Stanton or recently signed Matt Barkley would be Gabbert's backup.

Gabbert will be making his 41st NFL start. He has a 9-31 record. He signed with Arizona last offseason and was the third quarterback until Carson Palmer broke his arm against the Los Angeles Rams in London and was lost for the season.