NASCAR asks appeals court to suspend Jeremy Mayfield's injunction

By Bob Pockrass - Associate Editor
Wednesday, July 08, 2009
NASCAR has asked for the appeals court to suspend the injunction that allows Jeremy Mayfield (pictured) to compete in NASCAR Sprint Cup activities.  (David Griffin / NASCAR Scene)

NASCAR has asked for the appeals court to suspend the injunction that allows Jeremy Mayfield (pictured) to compete in NASCAR Sprint Cup activities.

David Griffin
NASCAR Scene

NASCAR has asked the U.S. Court of Appeals to suspend the injunction issued July 1 by U.S. District Court Judge Graham Mullen, who ordered NASCAR to lift its suspension of driver/owner Jeremy Mayfield until it could be determined whether his positive May 1 test for methamphetamines was valid.

The request for NASCAR to put Mayfield back under indefinite suspension until a hearing on the injunction is the first step in the appeals process in the U.S. Court of Appeals in Richmond, Va., and Mayfield has until July 15 to respond to NASCAR’s request.

NASCAR argues in its motion that Mullen’s decision could result in a wide array of lawsuits over its ability to police the sport.

“It is against the public interest to allow judicial second-guessing of a private sports organization’s internal rules and decision-making after a participant fails a drug test, absent any evidence of bad faith or illegality,” NASCAR writes in its appeal. “Such second-guessing would invite drug users to routinely seek injunctions in drug-related termination or suspension cases. … It invites the unthinkable: that a driver who tested positive for banned substances could simply declare himself fit to race and litigate himself back onto the track.”

Mayfield, who qualified for five of the first 11 races this season after starting his own team and has 433 career Sprint Cup starts, contends the drug test findings that prompted his suspension resulted from a combination of prescription drug Adderall, which is used to treat attention-deficit hyperactivity disorder, and over-the-counter Claritin-D allergy medicine.

Because Mayfield passed a January 2009 drug test, an expert obtained by Mayfield, Dr. Harold Schueler of the Broward County (Fla.) medical examiner’s office, theorized in court papers that Mayfield is not a chronic user. He also says in an affidavit that pseudoephedrine, an ingredient in Claritin, could convert to methamphetamine if not tested properly.

NASCAR states in its appeal that a false positive resulting from Claritin-D and Adderall is “scientifically impossible” and there is no evidence that would make adulteration or a mixup of Mayfield’s urine samples plausible.

Mayfield has also contended that NASCAR must follow guidelines that regulate federal agencies. NASCAR denies that Aegis Laboratories, which conducts the NASCAR drug-testing program, must follow those regulations.

NASCAR claims that Mullen failed to properly consider the sophistication and sensitivity of the Aegis Laboratories drug testing procedures used to conduct NASCAR’s tests and the fact that Schueler stated that the level of methamphetamine (48,000 nanograms per milliliter) indicates that Mayfield might be a chronic user. NASCAR also questions Mullen’s reasoning that Mayfield could be tested daily, including with a hair test, to see if he is a safety risk. NASCAR says in its appeal that “no such tests even exist.”

It also states that because an independent lab re-tested the Mayfield samples and came up with the same result, the testing procedure cannot be considered flawed (although Mayfield’s attorneys have argued in previous filings that any test conducted after the seal has been broken is not valid).

Although the injunction reinstated Mayfield as an eligible driver and owner, he did not attempt to make the Coke Zero 400 last weekend at Daytona International Speedway and is not on the entry list for this weekend’s LifeLock.com 400 at Chicagoland Speedway. He has until 2:30 p.m. Thursday to enter.

“Mayfield’s participation in NASCAR events presents potentially fatal consequences to other NASCAR drivers, teams and fans,” NASCAR states in its filing.

Mayfield is the first driver suspended since NASCAR implemented random drug-testing this year.
 

Mentioned Drivers: Jeremy Mayfield

Comments

38 responses to "NASCAR asks appeals court to suspend Jeremy Mayfield's injunction". Post a Comment.
  1. 1
    Anonymous said:
    Jul 8, 2009 at 2:11 PM

    I said it before...every time I've had to take a drug test for work, the first question I'm asked is if I've taken any prescription or over the counter drugs. Seems to me one would remember taking double dose of claritin.....

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  2. 2
    Anonymous said:
    Jul 8, 2009 at 2:34 PM

    Well, Mayfield is not going to even try to enter the Chicago race. Give it up for NASCAR.. They win, Mayfield loses.. Yea ! He was hoping that the judge wouldn't allow him to race again so his lawsuit could be a little more lucrative when he whines about how much he lost out on by not being able to race. As it is, he can race but can't race !! Yea again !

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  3. 3
    SheilaLovesNASCAR said:
    Jul 8, 2009 at 2:52 PM

    Kyle Busch is more of a threat to NASCAR drivers and fans than Jeremy is. Take a new sample. Isn't that what the judge said to do? Ask him if he's still taking Claritin-D and go from there. All this legal stuff and counter-suing is stupid. Just take another sample. He was clean in the beginning of the year. He's innocent until he's proven guilty. So, NASCAR, prove him guilty. Take a sample. Do it properly and see what happens.

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  4. 4
    twins4tony said:
    Jul 8, 2009 at 3:08 PM

    It used to be that every story in NASCAR always came back to involve Junior. Now it's Kyle. Please, give it a rest. Hating Kyle is one thing. Trying to insert your hatred of him into every storyline in NASCAR is just ridiculous.

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  5. 5
    jerryswiatek said:
    Jul 8, 2009 at 3:30 PM

    Man, Nascar is getting filthier all the time, Burried Carl Long now lets bury Mayfield,Thier attendance is going to go further into the toilet and stay, I won't spend another dime on this Brian (King of the racing world) France who is full of pure hatred!

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  6. 6
    motorsportsphotography said:
    Jul 8, 2009 at 3:31 PM

    #3, Give it a rest with your idiotic stuff about Kyle. He has nothing to do with drugs so don't put him in a article with a drug addict. Would you like us all to start about Dale being drunk and hungover at The Daytona 500.

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  7. 7
    bthompson133 said:
    Jul 8, 2009 at 3:39 PM

    burn em jm

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  8. 8
    iusewd40 said:
    Jul 8, 2009 at 4:00 PM

    Am I the only one that read the entire article? Toward the end, NASCZAR states that "No such test exists" regarding Hair Samples. Maybe I am watching the wrong TV channel but I thought the Hair test would reveal the presence of drugs for many weeks after the fact.

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  9. 9
    motorsportsphotography said:
    Jul 8, 2009 at 4:10 PM

    #8, You are right. I don't understand that. Maybe they meant that you can get a hair sample tested in time for a race.

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  10. 10
    wpowers9 said:
    Jul 8, 2009 at 4:13 PM

    Nascar is on a WitchHunt and Jeremy just happened to be there when they really needed one. Give it up Nascar, let the man get over this incident so he can go on with his life. No such test as a hair sample, yeah right, maybe Nascar can prove it doesn't exist, NOT!!!!!!!

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  11. 11
    debdawg007 said:
    Jul 8, 2009 at 5:09 PM

    #8, 9 the quote is messed up in this story. The original quote as I have read it in several newspapers is that there was no reliable drug test that you could give at like 9am and have the results back by 3 or 4pm.

    I believe that a hair test takes longer than 24 hours to get accurate results back.

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  12. 12
    debdawg007 said:
    Jul 8, 2009 at 5:11 PM

    I will start by saying I don't think Jeremy used or has used meth. I do however think that Jeremy was "experimenting" with legal over-the-counter meds and alcohol and/or energy drinks for a "high" that he thought he could get and still pass a drug test. Kids do this all the time. I've heard they get a nice buzz mixing cold meds and booze and/or energy drinks.

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  13. 13
    debdawg007 said:
    Jul 8, 2009 at 5:13 PM

    P.S. adderoll or whatever the other drug he was taking, is a PED that is outlawed by just about every single major sports governing body in the world.
    It is one of the few PED's that could help a race car driver.

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  14. 14
    debdawg007 said:
    Jul 8, 2009 at 5:14 PM

    For those who don't know much about Adderall, here is the wiki link to it:

    http://en.wikipedia.org/wiki/Adderall

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  15. 15
    keith308 said:
    Jul 8, 2009 at 5:32 PM

    One thing everyone is forgetting. If Mayfield passed a drug test in January you know he was going to get checked again. Nascar wants the little teams out, start and park, and they will get their way. Just ask Mayfield and Carl Long. I am sure other cars have been over cubbed like Long's but it was a top notch team and nothing became of it.

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  16. 16
    yojoromo said:
    Jul 8, 2009 at 5:36 PM

    To Number #3

    You are dumber than dirt. This has nothing to do with Kyle Busch, even though he is an excellent driver.

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  17. 17
    bthompson133 said:
    Jul 8, 2009 at 5:54 PM

    drug tests can be done in a matter of hours even hair, nascar is flooding the nation with bs so they will make comments to help the case. they'll take the comments to the judge to show the fans are supposedly scared.don't fall for it. use the internet to get informed instead of buying into bs

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  18. 18
    dale88fan said:
    Jul 8, 2009 at 6:00 PM

    SheilaLovesNASCAR, Shut the heck up. I dont like him but he is not on drugs. Maybe you are !!!

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  19. 19
    Andi said:
    Jul 8, 2009 at 6:02 PM

    You can't even join the Air Force or the Army or even be a police officer if you take Adderall. Which is sad because are people out there who need to be on adderall because they have ADHD or ADD really bad. But they don't care. Now for those who abuse it, well that's different.

    How often do they test the drivers? Every weekend or what? And do they know about it before hand? Just curious.

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  20. 20
    jbbigrod said:
    Jul 8, 2009 at 7:50 PM

    Take the bad guys down JM.

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  21. 21
    motorsportsphotography said:
    Jul 8, 2009 at 7:58 PM

    #20, If NASCAR is so bad, why do you watch it. LMAO Jeremy is a DRUG ADDICT.

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  22. 22
    cmd122 said:
    Jul 8, 2009 at 8:25 PM

    Do not believe Jeremy used meth!!!!!!!!!!!!!Clean their bank accounts out.I am so glad that judge had some common sense.So sick of all the corruption and big companies plus government getting by with it.

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  23. 23
    IPOPAKEG2933 said:
    Jul 8, 2009 at 9:06 PM

    Let's just put this guy in the "HENRY FORD CLINIC" and get on with the season! We don't need a "HOP HEAD" if he is one,on a race track!If not,then let's Race! I got a good feeling he is done racing period,unless it's at a Red Light on the street!

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  24. 24
    cindi0420 said:
    Jul 8, 2009 at 9:43 PM

    #17 great point! Also agree that if the sample was retested after being open to contamination, it shouldn't be used. All in all, I hope Jeremy isn't using meth, have seen too many people I know affected by the nasty drug.

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  25. 25
    austinh said:
    Jul 8, 2009 at 10:14 PM

    They just raced at DAYTONA where numerous competitor's could have been killed or seriously injured in what Travis Kvapil called a typical DAYTONA race it if Jeremy was doing meth then ban him but if NASCAR is gonna keep letting that type of racing happen then there on drugs to they put 43 drivers in danger they know whats gonna happen.

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  26. 26
    my_7 said:
    Jul 9, 2009 at 12:10 AM

    THE HAIR SAMPLE TEST IS AN EXACT TEST. YOU NEED TO HAVE THE FOLICLE TO DO THE TEST, BUT IT IS THE ABSOLUTE MOST FOOLPROOF TEST!!!!!!
    THIS CAME FROM A DOCTOR.

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  27. 27
    jbbigrod said:
    Jul 9, 2009 at 2:25 AM

    #21, because I LOVE watching the GOOD drivers whip the butts of the likes of Kyle, Jr, Harvick, and the other also rans. - - - HOWARD is a Drug Addict.

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  28. 28
    jbbigrod said:
    Jul 9, 2009 at 2:34 AM

    Don't you people READ the posts before you start spouting off??? - - - Number 3 NEVER said that Kyle Busch was on drugs, at least not in THAT post. SHE just said Busch is MORE dangerous to drivers and fans than Jeremy is. READ!!!!!!!!!!!!!!! - - - Just like "I" never said anything about NASCAR in my number 20 post. MSP just doesn't grasp what is being said before he spouts off. No wonder he is always in hot water.

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  29. 29
    IPOPAKEG2933 said:
    Jul 9, 2009 at 6:48 AM

    HEY, BACK OF A MUSH OR TWO THERE ON HARVICK,THAT'S MY BOY! HE'S NOT HAVING WHAT YOU MIGHT CALL A STELLAR YEAR,BUT HE'S DOING PRETTY GOOD IN THE TRUCK'S! HE WILL GET BACK TO THE RACING FORM WE ARE USED TO SEEING,EVERYONE GET'S IN A SLUMP ONCE IN AWHILE!

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  30. 30
    gthom56978 said:
    Jul 9, 2009 at 7:27 AM

    OMG. Well, if JM had any prescription drug use he should be able to prove it. If there was any type of other drugs in his ----, then he should just tell the truth and leave. He should not try to fight something that can be proved beyond a the shadow of a doubt. The longer this continues on the more JM is showing guilt. If they choose to do a hair strain test, he is DOOMED. JM should think of the other drivers.

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  31. 31
    IPOPAKEG2933 said:
    Jul 9, 2009 at 9:29 AM

    A drug addict does'nt Think of anything but where his next fix is coming from and you don't have to be involved in drug's to know that! Just listen to the new's or read a newspaper!

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  32. 32
    Jimmy76 said:
    Jul 9, 2009 at 10:02 AM

    Can someone tell Me why they haven't done the hair test???? If its JM that doesn't want the test hes a user,But if its NASCAR then He's most likely not doing durgs.

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  33. 33
    IPOPAKEG2933 said:
    Jul 9, 2009 at 10:11 AM

    I bet that they have already done the hair test,they are just not telling us! It's the best way to test, so they have done it! Like all big business,we will be thet last to know!

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  34. 34
    motorsportsphotography said:
    Jul 9, 2009 at 8:27 PM

    Mayfield motorsports is to be sold on Monday. Shana, Jeremys wife is selling everything on Monday. Jeremy is done.

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  35. 35
    jbbigrod said:
    Jul 9, 2009 at 9:07 PM

    #34 did you get this out of your crystal ball, or WHERE? - - - It is public knowledge #32 that Jeremy said he WILL do the hair test. It was in a couple articles that I have seen.

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  36. 36
    dale said:
    Jul 9, 2009 at 10:16 PM

    JBBIGROD, it has been reported many places that they are thinking of selling what is left of the team. MSP doesn't have any crystal ball, or any special inside information. He just wants you to think he does. Here are a couple of links to the story. - http://www.newschannel9.com/sports/mayfield-982715-suspension-team.html

    - http://www.ajc.com/sports/content/shared-gen/ap/General_Auto_Racing_News/CAR_NASCAR_Mayfield_Team_For_Sale.html -

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  37. 37
    dale said:
    Jul 9, 2009 at 10:18 PM

    JBBIGROD, it has been reported many places that they are thinking of selling what is left of the team. MSP doesn't have any crystal ball, or any special inside information. He just wants you to think he does. Here are a couple of links to the story. - http://www.newschannel9.com/sports/mayfield-982715-suspension-team.html

    - http://www.ajc.com/sports/content/shared-gen/ap/General_Auto_Racing_News/CAR_NASCAR_Mayfield_Team_For_Sale.html

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  38. 38
    jbbigrod said:
    Jul 10, 2009 at 2:00 AM

    Thanks Dale.

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2009 Sprint Cup Race for the Chase Standings

Driver Standings after the Checker O'Reilly Auto Parts 500

1 Jimmie Johnson 6492
2 Mark Martin -108
3 Jeff Gordon -169
4 Kurt Busch -211
5 Tony Stewart -285
6 Juan Pablo Montoya -289
7 Greg Biffle -321
8 Denny Hamlin -352
9 Ryan Newman -411
10 Kasey Kahne -476
11 Carl Edwards -520
12 Brian Vickers -666

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