A federal judge has cleared the way for embattled Broncos running back Travis Henry to play football – at least for three more weeks, according to court records made available Thursday.
U.S. District Court Judge Leonard Wexler ordered lawyers for Henry, and opposing NFL lawyers, to file motions in two weeks. Wexler allotted another week after that for filing of responses.
That timetable leaves Henry available to play at least through October. He’s been a mainstay of the Broncos’ offense, rushing for 498 yards.
He faces a possible one-year suspension amid allegations he may have flunked an NFL drug test.
Henry has filed a lawsuit challenging the NFL’s drug-testing program.
He contends the NFL violated its substance-abuse policy by not allowing his experts to be present for the testing of his urine. He won an order in New York state court blocking the NFL from completing its drug test, revealing results, and taking action against him.
NFL lawyers had the case moved to federal court, arguing that this case involves interpretation of a collective bargaining agreement with the NFL players union under federal law.
Henry’s lawyers are expected to seek to keep the case in state court, while NFL lawyers would ask the judge to dismiss Henry’s lawsuit, according to the latest filing in U.S. District Court in eastern New York.
Lawyers for Henry and the NFL couldn’t be reached Thursday. The Broncos aren’t playing this weekend and team officials, on break, could not be reached.
Bruce Finley: 303-954-1700 or bfinley@denverpost.com.
