Court temporarily lifts injunction, NASCAR suspends Jeremy Mayfield
By Bob Pockrass - Associate Editor
Friday, July 24, 2009
The U.S. Court of Appeals temporarily lifted the injunction awarded Jeremy Mayfield, which gives NASCAR the right to suspend the driver once more.
LaDon George
NASCAR Scene
The U.S. Court of Appeals in Richmond, Va., on Friday granted NASCAR’s request to lift an injunction granted by a lower court judge, and Jeremy Mayfield is again suspended for what officials say was a May 1 positive test for methamphetamines until an appeal of the judge’s ruling can be heard.
"We are pleased with the 4th Circuit Court's ruling to reinstate NASCAR's suspension of Jeremy Mayfield," NASCAR spokesman Ramsey Poston said in a statement. "This is an important decision for NASCAR to make fair and equitable regulations for the safety of competitors and spectators at the track. We will continue to respectfully make our case for as long as the litigation continues."
Mayfield had obtained an injunction July 1 to keep NASCAR from enforcing that suspension. NASCAR then asked U.S. District Court Judge Graham Mullen to lift his injunction until an appeal could be heard and/or rescind the injunction based on a July 6 test that NASCAR says also showed positive results for methamphetamines. Mayfield disputes that finding because he took an independent test on the same day that he says shows negative results for methamphetamines.
NASCAR also had asked the U.S. Court of Appeals to lift the injunction until the appeal could be heard - an appeal which likely wouldn’t be decided until October. It was that request that was granted Friday.
“Upon review of appellants’ motion for a stay of the preliminary injunction pending appeal and appellees’ response, the Court grants the motion for stay pending appeal,” the one-page order says.
The decision was made at the direction of Judge Roger Gregory, with the concurrence of Judges Diana Gribbon Motz and Dennis Shedd.
Because of the decision, Mayfield is once again suspended, Poston said. Mayfield was not entered for the Allstate 400 this weekend at Indianapolis Motor Speedway.
“I’m disappointed in the outcome,” Mayfield attorney John Buric said. “I expected there to be a decision by the fourth circuit that would have denied the request for a stay. That’s what we [were] expecting, that’s what we briefed, that’s what we think was the right outcome.
“The consequence to Jeremy is really … not going to affect him one way or another unless he can get sponsorship."
The schedule in appeals court requires NASCAR to file its final brief Aug. 31, with Mayfield responding by Oct. 5 and then NASCAR’s rebuttal due 14 days after Mayfield’s filing. After that, a hearing would occur. Buric said if he can get his response in earlier than the Oct. 5 deadline, the appeal on the injunction could be determined earlier than currently scheduled.
“I called Jeremy when I got the result and we talked briefly on the telephone,” Buric said. “We’ll regroup Monday morning and see what we’re going to do. … I don’t think it means that the Court of Appeals is going to reverse Judge Mullen [later this year] any more than it means they’re going to not reverse Judge Mullen.”
Mayfield claims that his May 1 test resulted in a false positive reading caused by prescription drug Adderall, which is used to treat attention-deficity hyperactivity disorder, and the allergy medication Claritin-D.
Friday’s decision is based on that original test and not the July 6 tests.
NASCAR argued in its motion filed July 8 with the appeals court 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.”
NASCAR contends that Mullen failed to properly consider the sophistication and sensitivity of the Aegis Sciences Corp.’s drug-testing procedures used to conduct NASCAR’s tests and the fact that a Mayfield expert, Dr. Harold Schueler, stated that the level of methamphetamine (48,000 nanograms per milliliter) would indicate that Mayfield might be a chronic user.
Schueler, of the Broward County (Fla.) medical examiner’s office, theorized in court papers that Mayfield is not a chronic user because he had passed an initial drug test in January. He also says in an affidavit that pseudoephedrine, an ingredient in Claritin, could convert to methamphetamine if not tested properly.
NASCAR stated in its filings that a false positive reading resulting from Claritin-D and Adderall is “scientifically impossible” and that 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 must follow those regulations.
NASCAR also questioned 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,” but Mayfield’s side disagrees.
“Judge Mullen correctly took judicial notice of a reality reflected in numerous reliable sources [on hair tests],” Mayfield’s attorneys stated in a court filing.
NASCAR also stated that because an independent lab retested its Mayfield samples and came up with the same result, the testing procedure cannot be considered flawed. Mayfield’s attorneys have argued in previous filings that any test conducted after the seal has been broken is not valid.
Mayfield is the first driver suspended since NASCAR implemented random drug-testing this year.
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43 responses to "Court temporarily lifts injunction, NASCAR suspends Jeremy Mayfield". Post a Comment.
Meg said:
Jul 24, 2009 at 1:27 PMYea for NASCAR !!
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» Confirm Abuse ReportFlying_Squirrel said:
Jul 24, 2009 at 2:24 PMthis whole story is exhausting. Can't Dale jr.just win a race so all the Mayfield BS is drowned out in the excitement of Jr. winning at the Brickyard.
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» Confirm Abuse Reportgwen_susie388 said:
Jul 24, 2009 at 2:26 PMMeg.....I know you didn't doubt NASCAR for a skinny second, now did you? *S*
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» Confirm Abuse Reportgwen_susie388 said:
Jul 24, 2009 at 2:30 PMMy post #2 as of me posting right now shows the date as 6-24-2009 and no time stamp. It is July 24, 2009..... WICKED!!!
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» Confirm Abuse Reportlilmofishin said:
Jul 24, 2009 at 2:34 PMOk Jeremy, you can crawl back in your hole now to next summer when your hearing is.
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» Confirm Abuse Reportgwen_susie388 said:
Jul 24, 2009 at 2:40 PMWOW...my #2 post was there and it had what I said on my #3 post. This will be wierd if I post this and my #3 post is gone. NO, I AM NOT DRINKING.......I promise... BTW, FLYING_SQUIRREL, I am with you about that Dale, Jr. thing!
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» Confirm Abuse Reportgwen_susie388 said:
Jul 24, 2009 at 2:44 PMI know you didn't doubt NASCAR for a skinny minute did you MEG? lol I see you have your name back.
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» Confirm Abuse Reportcathyrrooks said:
Jul 24, 2009 at 2:51 PMI am so sick of this! Get rid of him and his stories. NASCAR is no place for drugs!
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» Confirm Abuse ReportMeg said:
Jul 24, 2009 at 3:15 PMI find it interesting that Jeremy is still scrounging for sponsors even though he hasn't bothered to show up for the last 3 races and is trying to sell his team... Absurd. How would you like to make the commitment of sponsoring him only to find he's selling out ?
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» Confirm Abuse Reportbobo007 said:
Jul 24, 2009 at 3:31 PMI am sure the companies that preform hair tests for drugs will be interested to hear that "no such tests even exists"
Report as AbuseMaybe if they sponsored a car they would exist.
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» Confirm Abuse ReportSheilaLovesNASCAR said:
Jul 24, 2009 at 3:32 PMHe did sell out.
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» Confirm Abuse Reportdebdawg007 said:
Jul 24, 2009 at 3:40 PMPost 9-Bobo007-they don't say hair tests don't exist, it's that there is no reliable hair test that can give reliable results in 12-24 hours after the sample is taken.
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» Confirm Abuse Reportjbbigrod said:
Jul 24, 2009 at 3:56 PMSad day in America. But in the end it doesn't matter WHO wins the battles, it is WHO wins the War.
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» Confirm Abuse Reportleftturn said:
Jul 24, 2009 at 4:38 PMDidn't get a Mayfield update yesterday, I was going through withdrawal. No pun int-----OK pun intended.
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» Confirm Abuse Reportfast3forme said:
Jul 24, 2009 at 4:39 PMThe courtroom filings are more exciting than the racing these days.
Report as Abuse67,000 ng/ml isn't within the range of a believable result. I'm shocked NASCAR even allowed the "off the scale" result to become public knowledge.
One more bizarre piece of the Nascar Puzzle.
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» Confirm Abuse Reportkeith308 said:
Jul 24, 2009 at 5:15 PMThe only thing that bothers me is NASCAR saying he is a cronic user but Mayfield passed a January drug test as stated in the artical. If have seen drug heads on meth and they don't look like Mayfield.
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» Confirm Abuse Reportcharley700 said:
Jul 24, 2009 at 5:47 PMDoes anybody really care now? Let's just race.
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» Confirm Abuse Reportbm0239 said:
Jul 24, 2009 at 5:57 PMTHANKS JUDGE! SOMEDAY NASCAR MAY NEED A FAVOR FROM YOU...TODAY IS THAT DAY.
Report as AbuseYOUR SUITCASE OF CASH IS WAITING FOR YOU AT HOME. HAVE A NICE WEEKEND. AND AGAIN THANK YOU FOR YOUR COOPERATION IN THIS MATTER
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» Confirm Abuse Reportaustinh said:
Jul 24, 2009 at 6:08 PMNo doubt a driver with no money no team and no equipment and no ride gets suspended hooray for NASCAR. Have a nice day and a great weekend.
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» Confirm Abuse Reportrobby_7_fan said:
Jul 24, 2009 at 6:21 PMI think the only way to resolve this whole thing and figure out what the truth is for the judge to pick an independent company to run the test. Not one that Nascar has picked and not one that Mayfield picked. And there should be some kind of injunction that says that Nascar or Mayfield can not have any contact with the company. If they do, then they would be reprimanded. And the only person that would get the results would be the judge. I think that it's the only way to know who's telling the truth.
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 24, 2009 at 6:31 PMIt's funny how they put this stuff on and then toss every other e-mail! They should just stick to racing and let us read it(mayfield) in the paper's or on the new's! He's not going to race anymore! I have never been around more doctor's,lawyer's,drug professor's,here to,how to,when to,do this,no,we need to do that,IN MY LIFE! By the way,I'm not one to spread gossip,but have you heard this guy called Jermey Mayfield is under the microscope for doing you know what? Yeah,that what I'm saying too! I think he used to drive a race car or something??? zzzzzzzzzzzzzzzzzzzzzzz!
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» Confirm Abuse Reportterris88sem said:
Jul 24, 2009 at 6:32 PMThis stuff is getting old. Who cares??? I don't care about this mayfield case.
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 24, 2009 at 6:34 PMEven if they let him race again the double file re-start's would get to him! When he looked up he would see 4 car's,thinking they were 4 wide already!
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» Confirm Abuse Reportctjeepinguy said:
Jul 24, 2009 at 6:55 PMI think Nascar drivers need to take drugs! It might liven up the post race interviews. "I'd like to thank my team, they worked hard and we had an awsome car. Sponsor, sponsor sponsor..... " OK I'm kidding!!!! Let's enjoy Indy, the tire tests have looked promising and it may be a Hendrick sweep. Yes that includes the 14 and 39 also! Oh and here is a shout out to all the sponsors who have stuck it out this economy....THANK YOU!!!!
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» Confirm Abuse Reportjcladybug8876 said:
Jul 24, 2009 at 7:30 PMCall me naive, but I still refuse to beleive that Jeremy would take methamphetamine. Even if he is completely vindicated, his career is seriously damaged. There are no winners here.
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» Confirm Abuse ReportGM3Amp88 said:
Jul 24, 2009 at 7:32 PMstick a fork in him and turn him over,he's done.
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» Confirm Abuse Reportbigal21 said:
Jul 24, 2009 at 9:25 PMHE NEEDS TO GIVE UP LOOK AT HOW MUCH MONEY HE HAS SPENT
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» Confirm Abuse ReportAndi said:
Jul 24, 2009 at 9:32 PMI'm with you Cathy & Charley. Enough is enough & let's going racing.
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 24, 2009 at 9:33 PMO.K. JCLADYBUG8876,YOUR NAIVE! HAPPY NOW?
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» Confirm Abuse Reportipopakeg43293388 said:
Jul 24, 2009 at 9:48 PMWe went racing! While you people were talking drug's,My '33' Ron Hornaday won '4' in a Row and Made History!
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» Confirm Abuse Reportgthom56978 said:
Jul 24, 2009 at 10:03 PMYeh, lets go racing. Goodbye JM. Go #33.
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» Confirm Abuse Reportnutz4bingo said:
Jul 25, 2009 at 12:26 AMI wonder if he has ADHD and needs an RX for that, doesn't he come under the Federal Handicap Law and isn't Nascar stepping on his civil rights? If he needs the medication, wouldn't that increase his ability to think while driving and possibly keep him from causing some of the rediculous accidents we have seen this season???
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» Confirm Abuse Reportnutz4bingo said:
Jul 25, 2009 at 12:29 AMIs a driver any more guilty if they use or if they just have people in place around them that use??And if they are paying for those friends to be around them, aren't they in a sense enabling the purchase of those drugs???
Report as AbuseYou know what happens in Nascar stays in Nascar? How many teams have this issue???
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» Confirm Abuse Reportjimbon said:
Jul 25, 2009 at 7:48 AMagain "money talks and BS walks" it is no wonder Nascar popularity is going into the dumper
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» Confirm Abuse ReportLaCoSteve said:
Jul 25, 2009 at 8:05 AMWhile watching the truck race on SPEED network last night I took note of their loud promo's after every station break " NASCAR on SPEED" ........." NASCAR on SPEED "
Report as AbuseI think Jerremy Mayfield may have gotten very confused and thought that was an instruction.
Oppps, hope I didn't blow his attorney's defence.
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» Confirm Abuse Reportktgrosch said:
Jul 25, 2009 at 8:54 AMCheck please, I believe we're done...
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» Confirm Abuse ReportAndi said:
Jul 25, 2009 at 10:08 AMYes we did go racing, but the media still talks about Mayfield, and we're getting sick of it. And yes Hornaday did. That was awesome!
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» Confirm Abuse Reportjbbigrod said:
Jul 25, 2009 at 11:29 AMI was hoping Hornaday would lose since he is a part of Harvick, but Skinner couldn't quite do it as he races cleaner like he said in his interview. - - - At least some jerks didn't crash Colin Braun again and his top 5 got him into the top ten. Go Ford.
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» Confirm Abuse ReportMeg said:
Jul 26, 2009 at 8:27 AMIf you people don't want to read about Jeremy and his drug problem, then why do you open these articles and post on them ?? Interesting to me that the Mayfield posts get more hits than all the other post combined !
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This feature is intended to allow you to report comments that are abusive in terms of foul/vulgar language, harassment, racial/religious prejudice and any words/phrases of a related nature. This feature should not be used to report users who simply make a comment about your favorite driver, with which you do not agree. Commenting is a forum in which we can all express our opinions. Reporting abuse of others should be done with this in mind.
» Confirm Abuse ReportSS396Chevelle said:
Jul 26, 2009 at 9:41 AMIt's time to move on. Enough about Mayfield and what he says and what Nascar says. Let the courts decide then mention it.
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» Confirm Abuse Reportcathyrrooks said:
Jul 26, 2009 at 10:55 AMNo Meg crazy Kyle Busch's post get more hits than any articles cause there are more people that can't stand him than Jeremy doing drugs. I don't care if Jeremy does meth, cocaine or smokes pot every day....My point is enough is enough here. Let's talk about racing and drivers. He is out of NASCAR so they need to let it go.
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» Confirm Abuse Reportlegends73 said:
Jul 27, 2009 at 10:52 AMI've got it... Maybe Jeremy can get the manufacturers of "Claritin-D" to sponsor him. LMAO After all, his face is now the "poster child" for that allergy drug, isn't it?
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» Confirm Abuse ReportKadach said:
Jul 27, 2009 at 4:50 PMNASCAR should talk to my employer (a nationally known health insurnace company) they do hair tests for drugs.
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