Todd Sauerbraun, the punter who last year failed the NFL’s testing policy for ephedra and was subsequently suspended by the league, released by Denver and signed by the New England Patriots, will apparently be back with Denver.

A special master ruled yesterday on a grievance filed by the NFLPA and Sauerbraun that the Patriots had not appropriately made the right of first refusal part of their contract with Sauerbraun. Specifically, according to ESPN, the collective bargaining agreement states clauses referring to the right of first refusal must be put on a separate page and not on a page that explains the main terms of the player contract; apparently the Patriots put this clause on the term sheet of his contract.

Denver had offered a one year, $800+ contract to Sauerbraun, which the Patriots matched. Sauerbraun had previously stated his preference was to return to Denver and that he hoped the Patriots would not match.

The Patriots could now appeal the masters’ ruling in court, however, they already have Josh Miller, whose injury necessitated Sauerbraun’s eventual signing, and two other punters in the fold.

The decision makes Sauerbraun an unrestricted free agent. It does not bind him to Denver, although it is expected that he will now sign with Denver to compete for that starting job.

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