7 Patriots fans are suing the NFL over team’s ‘Deflategate’ punishment
Patriots fans sue NFL, Robert Kraft to get back draft picks (WMUR - Manchester, NH)
April 6, 2016 - 8:57 am

Jan 18, 2015; Foxborough, MA, USA; New England Patriots quarterback Tom Brady (12) pumps his fist as he heads up to the line against the Indianapolis Colts in the second half in the AFC Championship Game at Gillette Stadium. (David Butler II/USA Today Sports)

Jan 3, 2016; Miami Gardens, FL, USA; New England Patriots quarterback Tom Brady (12) scrambles during the second half against the Miami Dolphins at Sun Life Stadium. The Dolphins won 20-10. (Steve Mitchell/USA Today Sports)

New England Patriots quarterback Tom Brady (12) walks to the sidelines with teammate Rob Gronkowski (87) after being intercepted by Seattle Seahawks middle linebacker Bobby Wagner (not pictured) in the third quarter during the NFL Super Bowl XLIX football game in Glendale, Arizona February 1, 2015. (REUTERS/Brian Snyder)

Feb 1, 2015; Glendale, AZ, USA; New England Patriots quarterback Tom Brady (12) celebrates after throwing a touchdown pass against the Seattle Seahawks in the second quarter in Super Bowl XLIX at University of Phoenix Stadium. (Mark J. Rebilas/USA Today Sports)

Feb 1, 2015; Glendale, AZ, USA; New England Patriots quarterback Tom Brady (12) looks at footballs before the game against the Seattle Seahawks in Super Bowl XLIX at University of Phoenix Stadium. (Matthew Emmons/USA Today Sports)

Jan 18, 2015; Foxborough, MA, USA; New England Patriots quarterback Tom Brady (right) holds up the Lamar Hunt Trophy as he is interviewed after the AFC Championship Game against the Indianapolis Colts at Gillette Stadium. (David Butler II-USA TODAY Sports)

New England Patriots owner Robert Kraft, left, greets quarterback Tom Brady (12) after the AFC Championship Game against the Indianapolis Colts at Gillette Stadium on Jan 18, 2015. (David Butler II-USA TODAY Sports)

Jan 18, 2015; Foxborough, MA, USA; New England Patriots quarterback Tom Brady (12) celebrates with running back Brandon Bolden (38) after throwing a touchdown pass during the third quarter against the Indianapolis Colts in the AFC Championship Game at Gillette Stadium. (Greg M. Cooper/USA Today Sports)

Jan 18, 2015; Foxborough, MA, USA; New England Patriots quarterback Tom Brady (12) throws a pass during the second quarter against the Indianapolis Colts in the AFC Championship Game at Gillette Stadium. (Greg M. Cooper/USA Today Sports)

New England Patriots owner Robert Kraft watches activities before the start of the NFL Super Bowl XLIX football game against the Seattle Seahawks in Glendale, Arizona, in this file photo taken February 1, 2015. Kraft said he will not appeal the penalty the National Football League handed the reigning Super Bowl champions for the team's role in the "Deflategate" scandal. (Lucy Nicholson/Files/Reuters)

Apr 23, 2015; Washington, DC, USA; New England Patriots owner Robert Kraft (L) and Patriots head coach Bill Belichick (R) walk to the stakeout position to speak with the media after a ceremony honoring the 2014 Super Bowl Champion New England Patriots on the South Lawn at the White House. (Geoff Burke/USA Today Sports)
BOSTON — A group of New England Patriots fans have sued the NFL in an effort to recover the first-round draft pick taken from the team as punishment for the “Deflategate” scandal.
The seven fans include a season ticket holder from Connecticut who said the scandal has left his 7-year-old daughter disillusioned and a Florida man who said the NFL’s sanctions have caused him stress and lost sleep.
The complaint filed Tuesday in U.S. District Court in Boston says the NFL made an “arbitrary and capricious” decision to revoke the pick in this month’s draft even though there is no proof the team deliberately deflated footballs in the Jan. 18, 2015, AFC Championship game against the Indianapolis Colts.
The complaint alleges, among other things, common law fraud, negligence, intentional infliction of emotional distress, and racketeering.
The NFL, Commissioner Roger Goodell and team owner Robert Kraft are named as defendants.
The Patriots and league declined to comment Wednesday.
The complaint says the league and Goodell relied on “false premises and biased ‘investigations’” in handing down punishment, which also included a $1 million fine and a four-game suspension for quarterback Tom Brady. Brady’s suspension remains under appeal.
The suit criticizes Kraft for not fighting the league’s punishments harder.
“Defendant Robert Kraft had remedies to attempt to get plaintiffs’ draft pick back, but he chose his fellow billionaire owners above the plaintiffs and fellow fans,” the suit said.
Sports law experts tell the Boston Herald the suit is a Hail Mary because fans don’t have standing in the matter.
“Paying for a ticket to watch the Patriots play isn’t interfered with by the team losing a draft pick or two,” said Michael McCann, a sports law professor at the University of New Hampshire Law School.
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