Arbitrator Stephen Burbank Rules That Colin Kaepernick NFL Collusion Case Will Proceed

Colin Kaepernick and Eric Reid kneel in protest during the national anthem on September 12, 2016 in Santa Clara, California. Photo: Thearon W. Henderson/Getty Images

New York Magazine reports that on Thursday an arbitrator rejected the NFL's request to dismiss Colin Kaepernick's collusion grievance against the National Football League. As a result, the case will move to a trial-like hearing not open to the public. 

Arbitrator Stephen Burbank ruled that Kaepernick has enough evidence to pursue his claim that NFL owners have acted in collusion against him in not hiring him to play in the league. Kaepernick is seeking damages equal to what he would have earned if he were still playing in the league. Kaepernick could be awarded compensatory damages for the pay he lost due to collusion, in addition to punitive damages, potentially totaling tens of millions of dollars.

The former San Francisco 49ers quarterback began protesting police violence against African Americans by taking a knee during the playing of the national anthem. The protest action created enormous criticism from President Trump, even though taking a knee is a historical form of civil rights protests, and the national anthem was not part of NFL proceedings until the US military became a major NFL sponsor.