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Nick Diaz Sues Nevada State Athletic Commission, Says He’s Ready to Fight Immediately

(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.

- Elias Cepeda

Cagepotato Comments

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jhjjghjfgjhj- April 30, 2012 at 7:29 am
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intercept440- April 28, 2012 at 8:56 pm
Karma..for the record bro you know as well as i ..he wasnt high as a kite when he fought...he may have a script for dope...doesnt mean its legal to use it in the sport. its the same as driving a car booze is legal.. but ya cant drive when ya drink it.. savvy?
fact is he broke the rule and got busted now he has to pay the piper... and...he quit....took his ball and went he decides he is going to sue the NSAC.. again stupid ass move..all thats going to do is piss of the nsac further.. could he win ? ...its possible.. but it's like someone sueing there boss for back overtimepay.. in the end the boss is going to shitcan your ass over something..all this is going to do is put the microscope that much more on dick diaz...yea he is a good fighter.. but he is also a bitch. when things dont go his way he crys about and gets pissy just like his brother nate.. if ya dont want to lose ..dont leave it in the judges hands and go for the kill.. which i think if he would have he could have brutalized condit...BUT HE DIDNT.. thats the facts.. then he got busted for weed, and quits fighting cuase he got offense brother... i know ya like the guy... i do as well in a certain light.but i persoanlly think the guy is an asshole crybaby... i mean look at it this way.. if you was to get a UFC contract would YOU smoke dope even if you had a script for it while training?????

i think not...

fuck the diaz brothers
linzhanbq- April 28, 2012 at 4:40 pm
BHOP- April 28, 2012 at 4:16 pm
If the commission is taking to damn long to set a date for his case all the while taking away his license and by extension, his livelihood, then damn right they should be sued. WAR DIAZ!
dranokills- April 28, 2012 at 11:18 am
so what Karma, just cause he can doesn't mean he should.
Two wrong don't make a right...but 3 lefts do.
KarmaAteMyCat- April 28, 2012 at 8:32 am
I love how the people who dislike Diaz think Fighting should be like golf. Fighters shouldn't have their own personality the same people talk shit about Chael. Diaz has a license to to use Marijuana, he does five rounds of MMA without breaking a sweat legally higher then a kite as well as runs Iron mans and triathlons.. and you guys wanna bitch about it. Hilarious..
Nippletwist- April 28, 2012 at 2:18 am
linzhanbp- April 27, 2012 at 8:42 pm ...................... .
Alan K- April 27, 2012 at 4:14 pm
Let's see how well the NSAC can counterpunch.
eric37- April 27, 2012 at 3:51 pm
diaz is a paper gangsta..what a lost the fight and you tested postive for a banned subtance go back to your "hood" bitch.
dranokills- April 27, 2012 at 3:41 pm
Nick Diaz will get told to go fuck himself. Then when his suspension is done he will fight whomever UFC puts in front of him like a good boy or he can go to bellator. FUCK A DIAZ!
Sopapo- April 27, 2012 at 1:45 pm
what rematch? diaz won rounds 1,2 and 5. what are they talking about?
rngeorgeh- April 27, 2012 at 12:04 pm
How about just following the rules so you don't have to do this dance with technicalities!
KarmaAteMyCat- April 28, 2012 at 8:29 am
He does follow the rules, He has a license to use THC and Marijuana
The_Dead_Cow- April 27, 2012 at 11:30 am
Nick and his lawyers are just making the NSAC follow the rules that they themselves created. So yeah, big middle finger from the 209. Even gangsta's can afford lawyers homie.....don't be scared.
El Guapo- April 27, 2012 at 11:07 am
"Ummmmm, your Honor? It's like, yeah, I smoked some herb, you know. But, I mean, Smoky from Friday smoked since he was 2, you know, and I didn't even start till I was 4 or whatever. I dunno, you know."
USMCOgre- April 27, 2012 at 10:49 am
This is so not gangsta, Nick
bgoldstein- April 27, 2012 at 10:41 am
@Spoon: Let's see...only closing arguments would be scored, and the jurors would be required to consider hypothetical evidence that could possibly be introduced in the future.
intercept440- April 27, 2012 at 10:39 am
Actually what really happened is some jew lawyer realized what a easy target a stoned mexican from the barrio is to manipulate, by promising him the world.....what happened to fuck you guys im taking my ball and going home and never fighting again.....fuck you diaz
RearNakedSpoon- April 27, 2012 at 10:17 am
Are there any precedents for using Stockton rules in a court of law?
Jaycorr- April 27, 2012 at 10:11 am

I hope he gets the fight with Condit and KICKS HIS ASS.
I was a Condit fan until he tried the whole fight for points thing.