It's those failures of the process that Elliott and the NFLPA attacked during the appeal hearing and plan to exploit in federal court.
Ezekiel Elliott's appeal hearing for his six-game suspension concluded today-with the NFL's lead investigator, Kia Roberts, reportedly testifying that she had recommended Elliott not be suspended, only to find her recommendation missing from the league's final report.
The legal salvo comes after a marathon three-day appeals on Elliott's six-game ban for violating the National Football League personal conduct policy.
According to the Star-Telegram's Clarence E. Hill Jr., "Roberts' recommendation never made it into the NFL's final report or the official suspension letter on August 11, which cited the league's findings of three instances of domestic violence by Elliott against Thompson based on the victim's testimony and photographic evidence". Now it's up to Henderson to make a decision.
Roberts recommended no suspension for Elliott following her interviews with Thompson during the investigation _ a fact she testified to during the appeals hearing with Henderson, according to a source.
He also cited photographic evidence and testimony of medical professionals.
Elliott denied the allegations and was never charged or arrested.
The NFL had no comment on the filing.
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. The change came after the league was sharply criticized for its handling of a case involving former Baltimore running back Ray Rice.
Henderson must rule on the NFL's punishment "as soon as practicable", according to the labor agreement.
The NFLPA alleges "there was a League-orchestrated conspiracy by senior NFL executives.to hide critical information - which would completely exonerate Elliott".
Last July, Thompson took to social media, with photos of her allegedly bruised body, claiming that Elliott had hit her.