According to Luke Thomas of MMA Fighting, UFC welterweight Nick Diaz has sued the Nevada State Athletic Commission (NSAC). The lawsuit (all files provided by SB Nation), filed by Diaz’s lawyer Ross Goodman, states that the NSAC violated statutory laws and Diaz’s Constitutional rights to Due Process.
The first statutory violation in Diaz’s lawsuit relates to the length of time the NSAC had to take action on Diaz’s suspension. It seems they would have had to hold a proceeding within 45 days from the initial date of suspension, which was February 9th.
Diaz’s suspension was the result of a positive test for marijuana metabolites following UFC 143, where Diaz lost by decision to Carlos Condit for the Interim UFC Welterweight Title. Following the fight he claimed he was done fighting. It’s officially been over 2 months since Diaz was suspended by the NSAC.
In addition, the lawsuit states that if the NSAC wanted to extend the time period to 60 days, they would have had to “mutually agree in writing to a longer period.”
The other statutory violation reads that a “temporary suspension may be made only where the action is necessary to protect the public welfare”. According to the lawsuit, there is no basis to say that Diaz’s actions had anyway of affecting public welfare.
So, because no hearing was set up to take action on the suspension placed upon Nick Diaz, the lawsuit states that his Constitutional rights to Due Process were violated.
Diaz has officially become the first MMA fighter to ever sue the NSAC. If Diaz wins, this can have ramifications upon the way in which suspensions are handled for fighters going forward. It would also set a precendent for how the NSAC handles disciplinary actions in regards to fighter’s suspensions.
At the end of Nick Diaz’s sworn affidavit, he states that it is his understanding that “the UFC ‘s President publicly announced that Mr. Condit agreed to an immediate re-match with [him].” And it continues: “If the summary suspension is set aside, I would prepared to compete against Mr. Condit or any other opponent deemed suitable immediately.”