Dallas Cowboys

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.

Kraft tells BBC Patriots had a choice on anthem

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Kraft tells BBC Patriots had a choice on anthem

Patriots owner Robert Kraft, in an interview with the BBC, said Patriots players were given a choice to stand or not for the national anthem, criticized "inflammatory comments" made about players who demonstrated, but said his personal belief that it is important to “respect our flag and our anthem.”

Kraft's comments were included in a lengthy BBC piece about former San Francisco 49ers quarterback Colin Kaepernick and the anthem controversy in the NFL. Kraft's comments contrasted to those of Dallas Cowboys owner Jerry Jones, who warned that if his players don't stand for the anthem, they will not play.

Before New England's Sept. 24 game against the Houston Texans at Gillette Stadium, 17 Patriots took a knee during the anthem.  The following week Kraft said he spoke with the team and players decided that before the Oct. 1 home game against the Carolina Panthers, they would all stand with their right hand over their chest, with their left hand on the shoulder of the player next to them.

“The greatest enemy in sport is division from within. I personally feel it’s very important to respect our flag and our anthem," Kraft said in the BBC story. "But I also respect the right of people in this country to make statements or protests, peacefully, in a way that’s appropriate to them. I think there were some comments made about what our young men were doing that were a little inflammatory and inappropriate, and I thought I had to speak out. I spoke to the team and I told them that they were free to do what they thought was correct as long; I try to bring unity and bring things together, and part of that is respecting how other people think. Even if it’s genuine, even if it’s different than the way I speak; the way you build team and you build success is to let people be themselves."

"I have never heard anyone talk about blocking [Kaepernick] or excluding him” from the NFL, Kraft said, and when asked if the former 49ers QB would rejoin the league at some point, Kraft said, “I would think that’s a possibility.”


 

MONDAY NIGHT FOOTBALL: Prescott, Cowboys pull away to beat Cardinals, 28-17

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MONDAY NIGHT FOOTBALL: Prescott, Cowboys pull away to beat Cardinals, 28-17

GLENDALE, Ariz. , Dak Prescott kneeled with his teammates and team owner before the game, flipped head over heels for a touchdown in the first half and capped his night with a 37-yard TD pass that proved to be the game winner.

The Dallas Cowboys erased last week's ugly memory on Monday night, with their young quarterback leading the way.

"He just kept battling," Dallas coach Jason Garrett said.

"He kept making good decisions. Obviously he made some good plays, big-time throws, but as much as anything else he's got an amazing spirit and our players follow him."

The Cowboys (2-1), bouncing back from a 42-17 pummeling in Denver, began the game kneeling at midfield with owner Jerry Jones in a show of unity that followed widespread protests across the NFL of critical comments by President Donald Trump over the weekend.

After they kneeled, they stood and walked to the sideline and stood for the anthem.

"We planned and it was executed that we would go out and kneel," Jones said, "and basically make the statement regarding the need for unity and the need for equality."

Prescott, 13 of 18 for 183 yards, broke a 14-14 tie with a 37-yard scoring pass to Brice Butler with 11:52 to play.

"I immediately scrambled and when I scrambled Brice took the right angle and the right initiative going to the back of the end zone," Prescott said.

Arizona, with a spectacular catch by Larry Fitzgerald for 24 yards on a third-and-18 play, moved downfield but the drive stalled. Phil Dawson's 37-yard field goal cut the lead to 21-17 with 6:35 left.

Ezekiel Elliott, who gained 8 yards on nine carries against Denver and drew criticism for not hustling after a couple of late interceptions, was bottled up much of the game, but still gained 80 yards on 22 attempts, 30 on one play. He ran 8 yards for the final Cowboys touchdown.

The Cardinals (1-2), in their home opener, got a big game from Fitzgerald, who caught 13 passes for 149 yards, in the process moving ahead of Marvin Harrison into eighth in career receiving yards. The 13 receptions tied a career high.

"That's Fitz. It's Monday night," Arizona coach Bruce Arians said. "He's a money player. It was a great performance by him. It's a shame we couldn't play better around him."

Carson Palmer had a big first half, completed 15 of 18 for 145 yards and finished 29 of 48 for 325 yards and two scores. He was sacked six times, a career-high three by DeMarcus Lawrence.

The Cardinals dominated the first half statistically, but were deadlocked with the Cowboys at 7-7. Arizona had a 152-57 advantage in yards and dominated time of possession 19:34 to 9:41.

Arizona took the opening kickoff and went 82 yards in eight plays. Palmer was 5-for-5 on the drive, capped by a 25-yard touchdown pass to Jaron Brown.

Before Dallas even had a first down, Arizona mounted a nearly nine-minute drive but a touchdown pass to Brown was negated by a holding penalty and Phil Dawson's 36-yard field goal try was wide right. It was the third mid-range miss for the 41-year-old kicker this season.

And the miss left the door open for the Cowboys to get back in it.

Prescott scored on a 10-yard run, flipping head-first over the goal line to tie it at 7-7 with 3:33 left in the half.

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