Nick Diaz Sues Nevada Athletic Commission, Claims Due Process Rights Violated |
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MODular Approach
Career record: 1019-572
Season: 26-10 (#359)
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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...
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Post #1 4/26/12 11:45:58PM
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The Playground OG
Career record: 656-457
Season: 27-9 (#931)
Location: Lake Jackson, Texas
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Posted by grappler0000
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...
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Seems like he may have a case.
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Ron Paul 2016
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Post #2 4/27/12 12:01:22AM
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Combat Sport and Fitness
Career record: 375-265
Season: 0-0 (#-)
Location: Mean streets of Enumclaw, WA
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he suing for 3 different reasons. he will probably only win one, but it's worth going after all three. he has the right and if he feels like his rights have been violated he can do that. i think the due process thing will probably get declined, i think the reason he's waited so long is that the NSAC has a lot of shit to do. i'm not trying to sound smart, it just seems like when people file lawsuits they generally like to sue for multiple things in hopes to at least get one of them.
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Post #3 4/27/12 2:10:45AM
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MODulation
Career record: 961-578
Season: 27-9 (#359)
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The Due Process one is interesting. It kind of flows from the statutory violations because they all relate to an unreasonable delay in a hearing following a pre-hearing deprivation of rights. Not an easy case to win. I can't say for sure, but depending on which due process rights they allege are being violated (Nevada Constitution due process or US Constitution 14th amendment due process) they may be using this claim to bounce the case up to federal court. You need a federal question or diversity (parties from different states) to get the case to the fed, and an unconstitutional-as-applied DPC claim would do the trick if for some reason diversity fails (can't see why it would as I assume Diaz is a resident of Cali, but the intricacies of the rules of diversity can be tricky). You don't always want to go to the feds, especially if you have a harder case to prove because the feds will throw that shit out, but if you are worried that the law is on your side but the state judge might get crazy with the cheese wiz, you are better off bouncing the state claims up to the feds because they have to follow the laws of the state are not supposed to create/expand state common law like the state judge might.
The statute saying he gets a hearing in 45 days seems like it has been violated based on how the article explains it, but I don't know the case law. The other statute violation is bit more of a stretch, but worth it.
You never know, NSAC might just withdraw the suspension and render the case moot rather than have a chance that a judge is going to tell them they can't do something anymore.
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Flame Not, Lest Ye Be Flamed Yourself.
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Post #4 4/27/12 3:50:47AM
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The Anti-pansy
Career record: 1041-569
Season: 32-4 (#31)
Location: PA
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Diaz's complaint also cites breach of statute NRS 467.117, which requires that a "temporary suspension may be made only where the action is necessary to protect the public welfare". In other words, Diaz's temporary suspension is unlawful because no basis has been established that demonstrates suspending Diaz was done as a matter of preserving public health.
While that seems like a legitimate argument, I always thought the ACs start the suspensions right away so the fighter's can get it over with as soon as possible...and it overlaps the post-fight period where they wouldn't be fighting anyway.
So, this may hold up, but I think it would end up working against a fighter who loses an appeal (as most do it seems).
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"Being born with a pair of beady eyes was the best thing that ever happened to me." - Lee Van Cleef
“If we wish to preserve a free society, it is essential that we recognize that the desirability of a particular object is not sufficient justification for the use of coercion” - F.A. Hayek
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Post #5 4/27/12 9:53:01AM
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Wallass
MMA Sensei
Career record: 828-475
Season: 30-6 (#5)
Location: Ottawa, Ontario
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This has somehow become more laughable then the Overeem case. Good thing Diaz didn't win that title!
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Post #6 4/27/12 10:05:18AM
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MODular Approach
Career record: 1019-572
Season: 26-10 (#359)
Location:
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Posted by scoozna
Diaz's complaint also cites breach of statute NRS 467.117, which requires that a "temporary suspension may be made only where the action is necessary to protect the public welfare". In other words, Diaz's temporary suspension is unlawful because no basis has been established that demonstrates suspending Diaz was done as a matter of preserving public health.
While that seems like a legitimate argument, I always thought the ACs start the suspensions right away so the fighter's can get it over with as soon as possible...and it overlaps the post-fight period where they wouldn't be fighting anyway.
So, this may hold up, but I think it would end up working against a fighter who loses an appeal (as most do it seems).
They have the ability to tack on time-served without that measure, so I'm led to believe that the temporary suspensions probably get used so a fighter doesn't run out and fight while they are waiting for their trial. That would be more applicable outside the UFC, but I'm sure that's still probably the reasoning.
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Post #7 4/27/12 10:47:29AM
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Chael_Sonnen
Heavyweight Champ
Career record: 528-348
Season: 24-12 (#818)
Location: Global Sensation
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Nick should employ Uber's mad scientist doctor to vouch for him.
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Post #8 4/27/12 10:48:51AM
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BigBadAl
In Full Mount
Career record: 392-304
Season: 0-0 (#-)
Location: By The Rivers of Babylon
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Does this mean Nick want's to fight again 
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Post #9 4/27/12 11:53:15AM
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MODular Approach
Career record: 1019-572
Season: 26-10 (#359)
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Posted by BigBadAl
Does this mean Nick want's to fight again
I think he'd rather take a break, but IMO it would benefit his case if he says he is ready to fight tomorrow.
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Post #10 4/27/12 12:48:37PM
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