(Come at me, NSAC!)
UFC welterweight contender Nick Diaz has sued the Nevada State Athletic Commission for allegedly violating his right to due process and for alleged violations of statutory law. Diaz’s suit petitions the court to stay the summary suspension given to Diaz by the NSAC and to prohibit the NSAC from going forward with additional disciplinary proceedings.
And, oh yeah, Diaz says he is ready to fight “immediately,” should the court rule in his favor, in a sworn affidavit released by his attorney. “On February 7th, 2012, the UFC’s President publicly announced that Mr. Condit agreed to an immediate rematch against me. It is my understanding that the winner of that rematch will be offered a contest against Georges St-Pierre, the current UFC welterweight champion,” Diaz said.
Top 10 beard-for-beard MMA reporter Luke Thomas has more details, many of which will fly over your head if you’re not a law student:
“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.’
‘Under NRS 233B.127, which applies to all revocations, suspensions, annulments and withdrawals of licenses (including licenses issued by the NSAC), [p]roceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the [suspension] unless the agency and the licensee mutually agree in writing to a longer period.’
The lawsuit claims Diaz and his lawyers made repeated attempts to reach the NSAC to obtain a formal hearing to finally adjudicate the NSAC’s complaint without any response from Executive Director of the NSAC Keith Kizer.
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’.”
Diaz’ motion for injunction against the NSAC is scheduled to be heard by the court on May 14th. This case might prove to be fascinating for what it is avoiding.
Diaz is attempting to circumvent the NSAC altogether by claiming that they no longer have jurisdiction in his career, and going straight to the courts and calling into question the disciplinary process of the world’s most influential athletic commission. Diaz is also attempting to avoid the reason for his suspension by the NSAC, a post-fight drug test in which he tested positive for marijuana metabolites.
Diaz isn’t asking the courts to render judgement on the test, but rather, he appears to be attempting to get out of his suspension on the technicality that the NSAC made mistakes in their process of handling his case. Diaz’ entire complaint is available here and the motion for preliminary injunction, including his sworn affidavit can be read here.
What do you say, nation? Is Nick violating Stockton rules by doing the procedural version of point-fighting, or is he holding up the 209 proper by giving the NSAC the middle finger?
And when did Diaz get so good at the public relations game? Just the other day he had his brother Nate saying that he wasn’t interested in fighting, but now he’s filed legal papers saying he is ready to fight again immediately. That’s some high-level misdirection and strategic demurring. Or something.