UFC welterweight Nick Diaz has filed a lawsuit against the Nevada State Athletic Commission (NSAC) for alleged violations of statutory law and his Constitutional rights to Due Process.
Diaz, acting through his lawyer Ross C. Goodman, filed it in Nevada on Tuesday, April 24th. Diaz's motion for a preliminary injunction was filed Thursday.
The lawsuit is related to a failed drug test by Diaz that was conducted by the NSAC. It was announced on Feb. 9th the Stockton, Calif. native tested positive for marijuana metabolites from a test administered after his UFC 143 bout with Carlos Condit. He was subsequently given a summary suspension by the NSAC.
The suit is asking the court to immediately stay the summary suspension handed out to Diaz by the NSAC as well as to enjoin the NSAC from going ahead in any further disciplinary proceedings. Diaz's complaint also asks the court to declare his due process rights have been violated by the NSAC's failure to promptly convene a hearing to determine the merits of the disciplinary complaint against him.
Diaz's suit centers on three allegations, two of which relate to statutory complaints for which he seeks injunctive relief -- namely, to have the temporary suspension lifted and to not be required to go any further punitive proceedings. The other allegation focuses on Diaz's due process rights, the NSAC's violation of which entitles Diaz to both injunctive and declaratory relief, according to the lawsuit...Full Story