After Nick Diaz was suspended by the Nevada State Athletic Commission for failing a post-fight drug test and lost his appeal, he and his freshly-acquired legal team threatened to sue the NSAC in order to get the Stockton native reinstated. On Thursday, they made good on their threat.
Kid Nate at Bloody Elbow reports that the Diaz legal team has indeed sued the NSAC, claiming a violation of due process rights. Luke Thomas at MMA Fighting provides all the gory legal details:
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.
Diaz is arguing the NSAC is in violation of two statutory codes. First, statutory code NRS 233B, requires the commission to determine the outcome through proceedings related to the order of a summary suspension within 45 days of the date of the suspension.
Diaz and his lawyers argue this term has passed without any date set for a hearing. "Diaz's license has, in effect, been suspended indefinitely," says the lawsuit, "in the absence of any adverse findings having been made against him by the NSAC."
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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.
Citing the alleged violation of these two statutes by the NSAC, Diaz's complaint asks the court to enjoin NSAC from proceeding with any further punitive proceedings because "the NSAC has lost statutory jurisdiction to proceed with the complaint."
This story has no shortage of twists and turns. Hopefully, this case will neither turn into a circus nor get bogged down in court for years. MMA fans should just be rooting for Diaz to be back in the cage and fighting as soon as possible.
For the latest developments in the ongoing Nick Diaz saga, keep checking this StoryStream. For all news and information regarding mixed martial arts, stay tuned to either MMA Fighting or Bloody Elbow.
