Let's suspend one guy for being a bully, but not the other for driving around with drugs in his car.
Protect the shield, babbie.
That's different actually. The team suspended Incognito. Not the league. And you can be sure he's gonna sue because he's not getting paid (the max you can suspend under those grounds is 4 games) and it's a slippery slope when it comes to team suspensions.
The teams will always play guys with pending court cases, and rightfully so because you never really know the facts and the appropriate punishment (especially from the league's position) until things are actually settled. Maybe it was his buddy's, maybe the charges get dropped because of improper police protocol, etc.
Besides, teams will never voluntarily suspend their high paid guys except in a case like Incognito's where it has tangible ramifications to the team. It's why Braylon played, Alfonso Dernard, Aldon Smith,etc.