The strange saga surrounding welterweight Nick Diaz’s status took an interesting twist this week when the controversial competitor’s legal team filed a lawsuit against the Nevada State Athletic commission, stating the regulatory board had violated Diaz’s right to due process and acted conversely to their own laws. As a result, Diaz is looking to have his “summary suspension” lifted and the case against him thrown out.
Specifically, the points Diaz’s camp has taken issue with relate NSAC’s obligation to provide him with a formal hearing within 45 days and well as a statute saying temporary suspensions are only to be issued in the interest of “preserving public health”. Diaz was forcibly sidelined in early February and, despite repeated requests, has not been given an opportunity to plea his case in front of the NSAC. Based on the regulatory board’s lack of response it has been stated Diaz is in essence “indefinitely suspended” and unable to make a living because of it.
Diaz’s disciplinary issues stem from having tested positive for marijuana metabolites after a February 4 fight with Carlos Condit. His side has argued his marijuana use is medicinal and, as he stopped smoking more than week before the fight, he did not violate any rules.
Also worth noting, in a sworn affidavit filed along with the legal documents submitted to the NSAC, Diaz stated, “If the summary suspension is set aside, I would be prepared to compete against Mr. Condit or against any other opponent deemed suitable immediately.” The statement is the first time the 28-year old has addressed the likelihood of fighting again instead of remaining prematurely retired.
It is unknown when the NSAC will address the allegations from Diaz’s counsel.
PHOTO CREDIT – UFC