Vilma's request to U.S. District Judge Ginger Berrigan argues Goodell acted with "reckless disregard for the truth" when basing initial allegations about Vilma upon one fired Saints assistant, Mike Cerullo, whose testimony has been inconsistent and challenged by other witnesses in the NFL's bounty probe of the Saints.
The motion centers on Goodell's public comments that Vilma held up $10,000 cash in a team meeting in 2010, offering it to anyone who knocked Arizona quarterback Kurt Warner out of a playoff game.
During recent NFL appeal hearings in the bounty case, former Saints defensive coordinator Gregg Williams testified he never saw any money.
"Williams has always told Goodell, and continues to state, that there was never any cash put up for a bounty on any player. It was 'just talk.'" Vilma's motion reads. "Nonetheless, Goodell irresponsibly chose to contend that Vilma walked around with $10,000 before the Cardinals game."
Vilma's season-long suspension and with various shorter bans for three other players were thrown out Tuesday by former Commissioner Paul Tagliabue, who Goodell had appointed to oversee the appeals of player punishment.
After Tagliabue's decision, the NFL Players Association dropped claims in federal court on behalf of Saints defensive end Will Smith and two former Saints: Cleveland linebacker Scott Fujita and free agent defensive lineman Anthony Hargrove. Vilma dropped his claims against the league concerning the disciplinary process, but moved forward with his defamation case against the commissioner, asking Berrigan to allow discovery, which consists of the collection of evidence and deposing of witnesses. Berrigan has so far delayed discovery while the Goodell's motion to dismiss the case is pending.
In their effort to highlight how unreliable Cerullo was, Vilma's attorneys, Peter Ginsberg and Duke Williams, cite hearing testimony from Saints assistant head coach Joe Vitt, who said Payton once arranged for police protection at his former suburban family home while he was away at league meetings because the head coach feared Cerullo was emotionally unstable and might harm his family.
While the lawsuit does not quote the testimony from the closed-door hearing directly, it appears in transcripts obtained by The Associated Press.
"An email was sent to the League about Mike Cerullo long before these (bounty) charges were brought up on our football team saying that Mike Cerullo was crazy, that Sean Payton had to have a police escort or, excuse me, police protection at his house because he was going to the owners' meeting, and he was worried about his family with Cerullo," Vitt testified. "This is the kind of guy we're dealing with. Allright?"
Vilma's motion also notes that the NFL subsequently dropped Goodell's initial allegation about Vilma physically holding up money in the meeting before the Arizona game.
"There can no longer be any doubt that Goodell acted with malice ... in making this quasi-criminal accusation against Vilma," the motion said.
The NFL continues to allege that Vilma offered a $10,000 to anyone who knocked then-Minnesota quarterback Brett Favre out of the 2010 NFC title game, which followed the Arizona game. Williams testified that he recalled such an offer for that game, but never saw any money change hands and suggested the offer represented nothing more than tough talk in an emotional meeting that he allowed to get out of hand.