Patriots

Elliott's six-game suspension begins, as appeals court sets aside injunction

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Elliott's six-game suspension begins, as appeals court sets aside injunction

A federal appeals court cleared the way Thursday for the NFL to impose a six-game suspension on Dallas Cowboys star Ezekiel Elliott over domestic violence allegations, siding with the league in the latest high-profile fight over its ability to punish players for off-field behavior.

In a 2-1 decision, the 5th U.S. Circuit Court of Appeals panel in New Orleans granted the league's emergency request to set aside an injunction and ordered a district court in Texas to dismiss Elliott's case.

The NFL announced that the suspension was effective immediately, though further appeals were possible and the Cowboys are not playing this weekend.

"We are currently exploring all of our legal options and will make a decision as to what is the best course of action in the next few days," Elliott attorney Frank Salzano said.

The Cowboys don't play again until next Sunday, Oct. 22, at San Francisco. If Elliott's legal team can't put the suspension on hold again, he won't be eligible to play until Nov. 30 at home against Washington, a Thursday night game the week after Thanksgiving. Elliott played the first five games as Dallas went 2-3 in a disappointing start.

A federal judge in Texas issued the injunction blocking the suspension last month, agreeing with NFL players' union attorneys who argued that the investigation of the allegations in Ohio and a subsequent appeal were unfair to Elliott, one of the league's standout running backs.

The NFL countered that it followed procedures under the league's labor deal and that the union improperly filed a lawsuit before the appeals process was complete.

The most likely destination for further legal challenges from players' union attorneys representing Elliott is with the Southern District of New York. The NFL filed in that federal court after Elliott's appeal through the league was denied by arbitrator Harold Henderson last month.

Last year's NFL rushing leader as a rookie, 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.

Elliott's legal team filed the lawsuit on his behalf in the Eastern District of Texas before Henderson had rejected the appeal. The 5th Circuit agreed with the NFL's claim that the filing was premature.

"The procedures provided for in the collective bargaining agreement between the NFL and NFLPA were not exhausted," Judges Jennifer Elrod and Edward Prado wrote for the majority. "The parties contracted to have an arbitrator make a final decision. That decision had not yet been issued."

In dissent, Judge James Graves disagreed that the suit was filed prematurely. Graves noted the union's argument that the league had violated the collective bargaining agreement because key information had been withheld from Goodell and Elliott's representatives before the suspension was ordered and the arbitrator's decision was based on incomplete information. The suit was properly filed in the district court because the arbitration process called for in the labor deal was not properly followed, Graves argued.

The NFL had already agreed to let Elliott play in the opener before his request for an injunction was granted by U.S. District Judge Amos Mazzant in Sherman, north of Dallas. Henderson ruled against Elliott the same day Mazzant heard arguments over the injunction.

Gabe Feldman, director of the sports law program at Tulane University Law School, noted that the opinion dealt only with jurisdictional issues and not the question of whether the NFL's appeals process was unfair to Elliott.

"This is certainly a significant setback," Feldman said. "But they still have a chance because this decision was not made on the merits of the case. He has yet to have a federal court rule against him on the merits. Until that happens, he still has a chance."

Elliott, who set a Dallas rookie franchise record with 1,631 yards rushing last season, is fourth in the NFL with 393 yards this year. He had a season-high 116 yards in a 35-31 loss to Green Bay on Sunday.

If the case shifts to federal court in New York, home to league headquarters and the site of Elliott's appeal hearing with Henderson, the venue is a familiar one. The NFL won the "Deflategate" decision in the New York court, leading to New England quarterback Tom Brady serving his four-game suspension a year after it was originally imposed. A federal judge had put Brady's suspension on hold.

Julio Jones presents Johnson Bademosi opportunity to prove he's not niche player

Julio Jones presents Johnson Bademosi opportunity to prove he's not niche player

None of us thought Johnson Bademosi would be starting this past Sunday at MetLife Stadium against the Jets because -- well -- that’s not what we perceive the 27-year-old to be. He’s a special teamer. It’s how he’s made his mark in the NFL dating back to 2012 with Cleveland. So why would that change in mid-October for a team he’s only been with for six weeks? Because Bademosi is -- and has always been -- intent on proving he’s more than a niche player.

“I see myself as a football player,” he said, “and whatever position they put me in, I’m going to try to be the best because that’s how I operate and who I am as a person. Whether that’s as a cornerback, on special teams, if they ask me to play wildcat quarterback. Whatever…”

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Bill Belichick and his staff asked for Bademosi to go on the field and not come off. He played 73 defensive snaps in addition to his usual core four special teams duties. 

“I felt like I played a whole game,” Bademosi joked, before saying, “I love playing football so I’m going to go out there and empty myself.”

He did just that, getting targeted only two times in the 24-17 win over the Jets. It was hoped that Bademosi would return to his normal specialist role, but with Stephon Gilmore still out with a concussion, it now seems more and more likely that the sixth year pro will have to be an ironman again Sunday night in primetime against the Falcons. Historically, the Pats have defended bigger receivers. That means Bademosi may be responsible for one of the most dangerous players in the league, Julio Jones.

“He’s an amazing player," he said. “We all know what he’s capable of. As a defense, we have to be prepared for him.”

The Pats were on Super Bowl Sunday and Jones still made a couple of ridiculous plays with either Logan Ryan or Eric Rowe in coverage with safety help over the top.

“He’s fast. He’s physical. He can jump. He can run. He’s smart. He’s everything you want in a wide receiver,” said Bademosi without blinking an eye. That’s the kind of confidence you want from a player at that position and facing this type of challenge. 

“You gotta believe in yourself,” he said “ I’m confident in my abilities. I work hard and trust my preparation.”

Being an elite athlete certainly helps. Bademosi was a scholarship football player at Stanford -- “some guy named Jim Harbaugh called” -- before ending up in the NFL. But it’s Bademosi’s willingness to go all in in the film room that impressed safety Devin McCourty. 

“…I think, honestly, the most work he did was probably with just himself jumping into the film, watching more stuff to exactly see,” said McCourty Thursday. “You know, when you’re a backup more, you’re kind of trying to see everything because you don’t know what role you might be thrust upon once you’re in the game. But, I think once he knew he was starting, it was kind of like, ‘Alright, let me focus in on this.’ I thought he did an awesome job of just being ready and competing.”

Bademosi will have to compete his ass off Sunday night, even against what has been to this point a physically compromised Jones. Based on what he did several days ago, there’s no reason to believe the Pats cornerback won’t bring everything he has, trying to prove again that he’s more than just a special teams whiz.

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Patriots-Falcons practice report: Gilmore (concussion/ankle) still out with Falcons, Jones on deck

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Patriots-Falcons practice report: Gilmore (concussion/ankle) still out with Falcons, Jones on deck

FOXBORO -- The Patriots are looking thin in the secondary as they head into their third and final day of practice before Sunday's matchup with the Falcons. 

Both Stephon Gilmore (concussion/ankle) and Eric Rowe (groin) sat out the session, as did linebacker Elandon Roberts (ankle). Undrafted rookie defensive end Harvey Langi was also a non-participant as he recovers from injuries sustained in a car crash last week. 

Asked if Friday's practice was a possibility, Gilmore said, "We'll see." He did not give any indications that his symptoms had improved or that he had been cleared for practice as he works through the league's concussion protocol. 

Rowe was spotted in the locker room on Thursday, but he has not practiced since aggravating his groin injury in Week 4. He was injured initially during a Week 2 win over the Saints. 

Roberts suffered an ankle injury when teammate Alan Branch landed on his lower leg during a loss to the Panthers in Week 4. However, he was healthy enough to play in Weeks 5 and 6. It's unclear as to whether or not his current ailment is related to what knocked him from that Week 4 loss to Carolina. 

Here is Thursday's practice participation/injury report for Sunday's game between the Patriots and Falcons:

NEW ENGLAND PATRIOTS

DID NOT PARTICIPATE
CB Stephon Gilmore (concussion/ankle)
LB Harvey Langi (back)
LB Elandon Roberts (ankle)
CB Eric Rowe (groin)

LIMITED PARTICIPATION
RB Rex Burkhead (ribs)
WR Chris Hogan (ribs)
G Shaq Mason (shoulder)

ATLANTA FALCONS

DID NOT PARTICIPATE
LB Jordan Tripp

LIMITED PARTICIPATION
OLB Vic Beasley Jr. (hamstring)
K Matt Bryant (back)
LB Jermaine Grace (hamstring)
LB Deion Jones (quadricep)
DE Takk McKinley (shoulder)
LB Duke Riley (knee)
WR Mohamed Sanu (hamstring)
DL Courtney Upshaw (ankle/knee)