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Nick Diaz files lawsuit against NSAC, says he’s willing to fight again if punishment is lifted

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.

Check out full versions of the documents below thanks to SBNation by clicking on this link.

PHOTO CREDIT – UFC

10 COMMENTS
  • AlphaOmega says:

    Does the NSAC care if Diaz fights again really?

    Agree or Disagree: Thumb up 0 Thumb down 0

  • hindsightufuk says:

    good for him for standing his ground and for what he believes in.
    especially in a time when we know for 100% certainty that a lot of fighters are using performance enhancers (even though they argue they dont enhance their performance) and are still being supported by the biggest promoter in the sport

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  • Angry Mike says:

    Diaz wants his license to ill, and he’s gonna fight … for the right … to party.

    Agree or Disagree: Thumb up 0 Thumb down 0

  • Lord Faust says:

    Diaz found a lawyer who fights like him, haha.

    Even if he doesn’t want to fight right now, I see this as a smart move. Clean up the record and punch some holes in *cough* doobious NSAC logic.

    They claim he was under the effects of THC in his fight, yet did not test him for THC but rather metabolites that result from THC being broken down in the body.

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  • MCM says:

    Thumbs up Angry Mike.

    And what happened to retirement?

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  • Mad_Hatter_XX says:

    Whether he wants to fight or not the NSAC put a blanket suspension on him and then did not follow the rules they drew up themselves in regard to the handling of suspended competitors.

    By ignoring Diaz and his lawyers they violated the rules. I think it is great someone is standing up to one of these omnipotent athletic commissions and calling them on their bullshit.

    If they wanted to set a date for a hearing they could have done so. He was suspended in late Feb and two months later no scheduled date for a hearing for Diaz to argue his side of the story yet, Overeem gets tested, has a hearing and gets suspended while Diaz waits for the commission to feel like scheduling a date.

    NSAC was hoping Diaz would not challenge them since he said he was retired and they could just issue a indefinite suspension for having something in his system that according to their rules isn’t illegal.

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  • MCM says:

    I think there is a whole other side to this story that is not being told by the media. The way everything reads now is that the Commission has a personal vendetta against Nick Diaz and is using it’s powers to intentionally hurt the career of a singular fighter.
    The NSAC is a group of individuals and I have an extremely hard time thinking that they ALL have a personal bias against Nick Diaz. How do we know they didn’t try to contact Nick to set an appointment and he said “Fuck it, I’m like, retired, ya know.” so they just let it drop as it has no effect on his future. And if he ever did reapply for a license they would give it to him then.
    Not saying that’s what happened but it sounds more plausible than a sanctioned governing body that oversees hundreds if not thousands of licensing applications per year, coming after one guy that quite fighting before the test results were in.

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  • Lord Faust says:

    I think it has more to do with the pot angle. There was a back-and-forth about the medical marijuana card, and Diaz’ lawyer said “look, you know as well as I do that not everyone has a physical card, it’s an option, but all that is legally required in the state of California is a doctor’s recommendation”. To my understanding, the physical cards are an option that is available to make things easier in the event you have to deal with law enforcement. There is no requirement to have a card, just proper medical documentation. The NSAC, as far as I know, keep using the lack of a physical card as the reason for the delay.

    If there is a vendetta anywhere, it’s between Kizer and pot. He has made enough ignorant comments about pot, and its effects, that he sounds like an opponent of legalisation. That’s all speculation though. I’m Canadian, so I flat-out don’t get the whole attitude towards pot in the US; all I know is it’s extremely contentious.

    I have no life, so I find this sort of thing interesting.

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  • The commission may not have a vendetta with Nick but if they offered no hearing then this is certainly a smart move on the behalf of him and his team to get him back in the octagon pronto
    And Faust I’m from California where the stoners voted down a law to legalize marijuana just so the government can’t take more income away from your everyday weed seller. its quite less harmful in every way than alcohol or.tobacco yet our federal government won’t legalize it…unless they make a profit from it

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  • MMA-LOGIC says:

    Diaz is good for MMA.
    He is highly skilled fighter that doesnt just through bombs but comes to see who the better fighter is. He is always aggressive and up for it. People dont like him as a person and that is fine but you have to agree when I say he is fantastic to watch. Like I said before, thats not becuz he is a clown who stands and bangs, its becuz he is always ready to take anyone on in both striking and grappling.

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