Last night, Elliott and the NFL Players Association filed suit in federal district court in Plano in hopes of gaining a temporary injunction to block the suspension, allowing him to play until the case is resolved, according to the Star Telegram.
That memo, produced by league director of investigations Kia Wright Roberts following her interviews with Thompson, became a significant battleground in Elliott's appeal of a six-game suspension this week in NY.
Her recommendation, which she gave after interviewing Thompson, was missing from the league's report that was used in the case.
But Roberts was not asked to attend a meeting when discipline for Elliott was discussed by other investigators with National Football League commissioner Roger Goodell, she testified, according to transcripts of the hearing obtained by ESPN.
The NFLPA's big questions involve how the NFL decided that six games was an appropriate punishment and commissioner Roger Goodell's role, if any, in determining the discipline, the source told ESPN. Roberts was not asked to be part of that meeting, according to her testimony and that of Friel. The three-day appeal hearing wrapped up Thursday and Henderson is expected to make a decision next week.
If Henderson rules that Elliott should be suspended for any amount of games, the court could stay the suspension while it reviews the situation with Elliott potentially playing while the case works its way through the courts.
The pressure is now on appeals officer Harold Henderson, who is likely going to have come up with an airtight decision over the next four days.
The date is key because if a decision is not made by Tuesday, Elliott could be on the field for the September 10 season opener against the New York Giants.
The concerns about the NFL's investigative process in this matter could form the basis for a court challenge aimed at getting Elliott on the field for the Dallas Cowboys' Week 1 game against the?
The petition also claims there is a "league-orchestrated conspiracy" to "hide critical information-which would completely exonerate Elliott".
Elliott was never charged or arrested in the incident as the Columbus, Ohio, city attorney's office cited inconsistent and misleading information from Thompson.