Antonio Brown is eligible to play.

Brown, who was accused of rape by his former trainer in a civil lawsuit filed earlier this week, will not be placed on the NFL’s Commissioner’s Exempt List, ESPN reported Friday, clearing the way for him to play for the Patriots on Sunday in Miami.

According to the report, this is because there is no ongoing criminal investigation. The NFL has opened its version of an investigation, and plans to interview Brown and his accuser, Britney Taylor, as soon as next week.

When a player is on the exempt list, he continues to get paid and is allowed at his team’s facility, but does not count toward the active 53-man roster and is not permitted to practice or attend games.

The Patriots agreed to sign Brown on Saturday following the All-Pro wide receiver’s controversial exit from the Raiders. News of the lawsuit broke on Tuesday night. The Patriots were not aware of the sexual assault allegations before signing him, according to ESPN, because representatives for Brown and Taylor had agreed not to publicly discuss their behind-the-scenes conversations prior to the filing of the lawsuit.

Brown was on the practice field with the Patriots on Wednesday and Thursday, and caught passes from Tom Brady in an attempt to get up to speed before a potential Week 2 debut with the defending Super Bowl champions.

Asked Friday if he planned to play Brown on Sunday, Patriots head coach Bill Belichick said, “We’ll do what’s best for the team,” and later added, in his typically taciturn style, “I’m not going to hand out a copy of the game-plan here.”

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