Final brief filed in original Jeremy Mayfield injunction case in U.S. District Court
Suspended NASCAR driver Jeremy Mayfield’s legal team has filed its final reply brief in arguing against NASCAR’s request that U.S. District Court Judge Graham Mullen, in light of a disputed July 6 drug test, reconsider his injunction that lifted Mayfield’s suspension centering around his May 1 drug test.
NASCAR suspended Mayfield for a May 1 drug test that it says showed a positive result for methamphetamines. Mayfield claims the test resulted in a false positive reading created by the prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and the allergy medication Claritin-D. Mayfield obtained an injunction from Mullen on July 1 to keep NASCAR from enforcing the initial suspension.
Since then, NASCAR has gotten that injunction put on hold – leaving Mayfield suspended – by the U.S. Court of Appeals until the appeals court can hear arguments on the matter, a process that likely will last until at least October.
In the meantime, NASCAR has asked Mullen to rescind the injunction based on a July 6 drug test of Mayfield that NASCAR says also shows a positive result for methamphetamines. Mayfield disputes that finding and says he has independent test results from another sample given July 6 that shows negative results for methamphetamines.
Mayfield’s filing Tuesday mainly focuses on the legal precedent on why Mullen should not rescinded the injunction. Mayfield’s lawyers also argue that NASCAR expert Mace Beckson contradicts NASCAR’s contention that Mayfield poses a danger to fans since Beckson indicates that no absolute conclusion about a person’s medical condition can be based solely on a drug test.
There is no deadline for Mullen to rule on NASCAR’s request to have the injunction rescinded.
