Deshaun Watson May Avoid 2022 Suspension
Two of Deshaun Watson's accusers amended their lawsuits to include allegations of negligence and gross negligence on Thursday. That could widen the scope of discovery, potentially creating new avenues to find evidence in their attempt to recover damages against the Cleveland Browns quarterback. Included in the news detailed by Brent Schrotenboer of USA Today was an agreement that could have a significant impact on the Browns.
"The two sides have an agreement not to schedule trials on these cases from Aug. 1 through March 1, 2023, helping Watson avoid them during football season. That means they might not be resolved until 2023 unless they are settled before then out of court."
Not only will Watson avoid dealing with the trial for the entire season, but this could delay any resolution of these cases into 2023 or later. Watson will continue to make court appearances for the next few months, which could have impact his attendance for the offseason program and even the start of training camp. Unless the two sides settle, which Watson has stated he has no intention of doing, this will delay any resolution at least until after this season.
Under the NFL's Personal Conduct Policy, the league could suspend Watson this season regardless of a resolution to these lawsuits. They are conducting their own investigation and could base a suspension off of those findings. However, given the fact that Watson is not facing criminal charges, the league may not want to risk suspending a player who would then also be cleared of any liability in civil court.
As a result, the NFL may not suspend Watson in 2022, which would have a major impact on the Browns fortunes this season. That might have them go from a team that needed help to get into the postseason to the favorite to win their division. Nothing would be better for the Browns than to get Watson on the field and winning football games to help distract and diminish interest in his civil lawsuits.
It would also allow the Browns to plan ahead in terms of their finances for 2023. The best case scenario for the Browns is that Watson is never suspended, giving them five years to make a push for the Super Bowl.
If the organization make the determination that Watson is going to be suspended, they could effectively use that season as a year of financial austerity. Taking a year off from signing higher priced free agents on one-year deals, opting for cheaper options could build up some cap space to roll over into 2024, increasing the financial flexibility for that season, perhaps the seasons that follow.
If the Browns are trying to maximize a championship window, they may be better off leaning into a Watson's suspension for a season, using it to improve their chances the following seasons.
The women who are accusing Watson of negligence and gross negligence are making the argument that the Browns quarterback didn't take adequate precautions for his own behavior. If he had a track record of these actions, which the plaintiffs will seek to prove, he should have taken precautions to ensure it wouldn't happen. By failing to do so, it put more women at risk.
"Deshaun Watson has denied he acted intentionally; we believe strongly that we will prove he did," Buzbee said. "We have also added a claim for negligence allowing a jury to assess liability for unreasonable and imprudent conduct as well. This claim is just another through which the jury can assess liability and damages against him. We will likely add this claim for most of the cases, although perhaps not all."
One of the goals of this move from Buzbee is to get access to Watson's text messages, believing those will provide a track record of this behavior. It would also be embarrassing for Watson, potentially painting him in a poor light for a jury. The possibility of having embarrassing details leaked, something that has already happened during proceedings, adds additional pressure.
The Browns might get Watson for the entirety of the 2022 NFL season, but Watson might find himself at greater risk for an unfavorable resolution to the civil lawsuits he's facing.
