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NFL Settles With Kaepernick, Reid in Collusion Case Tied to Kneeling During Anthem

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(L-R) Eli Harold #58, Colin Kaepernick #7 and Eric Reid #35 of the San Francisco 49ers kneel on the sideline during the anthem prior to the game against the Dallas Cowboys at Levi's Stadium on Oct. 2, 2016. (Thearon W. Henderson/Getty Images)

With a public hearing looming and the threat of owners and league officials facing depositions, the NFL settled collusion cases brought by former San Francisco 49ers Colin Kaepernick and Eric Reid, the league announced on Friday.

Kaepernick hasn't played in the NFL since leaving the 49ers as a free agent following the 2016 season, in which he gained national attention for taking a knee during the national anthem as a protest against mistreatment of communities of color. In October 2017, Kaepernick filed a grievance accusing NFL teams of colluding not to sign him because of the protests.

Reid, who was Kaepernick's teammate with the 49ers from 2013 to 2016, was one of the first players to join his protest, which eventually spread across the league and into other professional sports. The NFL Players Association filed a similar grievance on behalf of Reid in May 2018. After going unsigned for the first three games of this past season, Reid was signed by the Carolina Panthers.

The league, about to celebrate its 100th season, faced criticism from all sides due to the protest movement started by Kaepernick. Many Kaepernick supporters wanted to see him back on the field, while other fans said they wouldn't watch if the league allowed players to protest during the national anthem.

"For the past several months, counsel for Mr. Kaepernick and Mr. Reid have engaged in an ongoing dialogue with representatives of the NFL," said a statement released by the NFL and retweeted by Kaepernick and Reid via Kaepernick's lawyer. "As a result of those discussions, the parties have decided to resolve the pending grievances. The resolution of this matter is subject to a confidentiality agreement so there will be no further comment by any party."

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It remains unclear if the NFL admitted wrongdoing or how much money Reid, Kaepernick or others may have received. Considering the lost salary both players claimed and legal costs, the settlement could have climbed into the tens of millions of dollars.

The on-field protests slowed down this season, as the NFL made contributions to organizations chosen by players and promised more attention to social justice issues. But the controversy reignited every time there was a development in the case.

A hearing was scheduled for later this month.

In their collusion grievances, Kaepernick and Reid said they were blacklisted because of the national anthem protests. Kaepernick contended the owners violated their collective bargaining agreement with players by conspiring to keep him off teams.

While the players seemed intent on pursuing the cases, the league might not have been eager for those deposed — including Commissioner Roger Goodell and several owners and league executives — to appear. Still, for the players to prove collusion would have been a mighty challenge because, according to the 2011 labor agreement between the union and league, a "club, its employees or agents" must have "entered into an agreement" to limit contract offers.

Arbitrator Stephen B. Burbank denied the league's request last August to throw out Kaepernick's claims. Burbank's decision meant there was enough evidence of collusion to keep the grievances going.

The protests sparked by Kaepernick in 2016 grew into one of the most polarizing issues in sports, with President Trump loudly urging the league to suspend or fire players who demonstrate during "The Star-Spangled Banner."

While he has been away from the playing field, Kaepernick has become an advocate for battling social and racial injustice. On Thursday, a person with knowledge of the conversations told the AP that Kaepernick turned down a chance to join the fledgling Alliance of American Football, seeking $20 million or more from the upstart league that pays its players $225,000 over three seasons.

Safety Reid recently re-signed with the Panthers for three years and more than $22 million. He noted then that he got "fair market value" after making just $1.69 million last season from the Panthers.

"If anything, it proves my point from last year," Reid said. "I didn't sign until the (fourth) week and did for almost the league minimum. And this year I signed a more substantial contract. And nothing has changed. I'm still the same player."

Officials with the players union said Friday afternoon that they had just learned of the settlement and had no details.

"We continuously supported Colin and Eric from the start of their protests, participated with their lawyers throughout their legal proceedings and were prepared to participate in the upcoming trial in pursuit of both truth and justice for what we believe the NFL and its clubs did to them," the NFLPA said in statement. "We are glad that Eric has earned a job and a new contract, we continue to hope that Colin gets his opportunity as well."

Reporting from KQED's Ryan Levi and the Associated Press' Barry Wilner was used in this report.

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