UPDATE — 1/9/26, 4:30 p.m. ET: New England Patriots wide receiver Stefon Diggs’ arraignment has been delayed until February 13, TMZ confirmed on Friday, January 9.
It had been scheduled for January 23, just two days before the AFC Championship Game. That meant the arraignment could have determined Diggs’ availability for the game, if the Patriots reach that point in the NFL Playoffs. Instead, the new date is now five days after the Super Bowl.
With the NFL having determined that Diggs will remain eligible for now, it appears the path is clear for him to play in the postseason unless new evidence comes to light.
Original story:
New England Patriots wide receiver Stefon Diggs took the field on Sunday, January 4, just days after news broke that he was accused of assaulting his live-in private chef during an altercation in December.
With Diggs, 32, facing charges of felony strangulation or suffocation and misdemeanor assault and battery, some have asked why he is still allowed to play, even though Diggs has denied the claims.
“Stefon Diggs categorically denies these allegations,” Diggs’ attorney David Meier said in a statement to Us Weekly on December 30. “They are unsubstantiated, uncorroborated, and were never investigated — because they did not occur. The timing and motivation for making the allegations is crystal clear: they are the direct result of an employee-employer financial dispute that was not resolved to the employee’s satisfaction. Stefon looks forward to establishing the truth in a court of law.”
In the meantime, he could land on the NFL’s Commissioner Exempt List, which places a player on paid administrative leave if they are facing legal charges. Players on the Exempt List are not allowed to participate in practices or attend games.
The NFL’s Personal Conduct Policy states a player “may be placed” on the Commissioner Exempt List when “a player is formally charged with: (1) a felony offense; or (2) a crime of violence.”
“The formal charges may be in the form of an indictment by a grand jury, the filing of charges by a prosecutor, or an arraignment in a criminal court,” the policy reads.
An NFL spokesperson told Us Weekly that the charges Diggs faces “were charges filed with a police department, not formal charges as explained in the league’s policy.” For that reason, he is still eligible to play.
The personal conduct policy also lays out what can happen if a player is accused of violence but “further investigation is required.” In that case, “the Commissioner may place a player on the Commissioner Exempt List on a limited and temporary basis to permit the league to conduct a preliminary investigation.”
“The New England Patriots are aware of the accusations that have been made regarding Stefon Diggs,” the Patriots said in a December statement. “Stefon has informed the organization that he categorically denies the allegations. We support Stefon. We will continue to gather information and will cooperate fully with the appropriate authorities and the NFL as necessary. Out of respect for all parties involved, and given that this is an ongoing legal matter, we will have no further comment at this time.”
It is possible that the NFL has decided more evidence needs to be presented of Diggs’ alleged actions before making such a move.
It may also be beneficial for the NFL to hold off as the investigation unfolds. If the league suspended Diggs now, he could take the case to court, presenting an argument that the NFL somehow did not adequately conduct the investigation.
Dallas Cowboys running back Ezekiel Elliott and former Patriots quarterback Tom Brady both had suspensions overturned after being granted injunctions by a judge.
In Elliott’s case, a judge decided that he did not receive a fair hearing before an arbitrator before he was suspended six games in 2017 for a series of off-field incidents.
As for Brady, a judge determined the NFL handed out his “deflategate” suspension with “inadequate notice” and that it denied Brady’s team the right to examine the NFL’s legal counsel and certain investigative files.
In both cases, an appeals court eventually reinstated the suspensions and the players had to sit out.
Diggs will be arraigned on January 23, two days before the AFC Championship game. For now, he remains good to go for however long the Patriots remain in the playoffs.
