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Friday, 04/27/2012, 08:23 am

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Nick Diaz Sues NSAC & Is Ready To Return


Nick Diaz was suspended after testing positive for marijuana metabolites by the Nevada State Athletic Commission (NSAC)

Diaz has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). This is legal in both his home state California as well as in Nevada.

The State Attorney General requested to see Diaz medical marijuana card but nothing was produced & his legal team led by Ross Goodman spent the time drawing up a lawsuit for violations of statutory law and Diaz’s Constitutional rights.

Here are the details via MMAfighting.com

Diaz’s suit centers on three allegations, two of which relate to statutory complaints for which he seeks injunctive relief — namely, to have the temporary suspension lifted and to not be required to go any further punitive proceedings. The other allegation focuses on Diaz’s due process rights, the NSAC’s violation of which entitles Diaz to both injunctive and declaratory relief, according to the lawsuit.

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.”

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.”

In a basic overview of the statement Diaz was suspended for unlawful reasons in the first place, NSAC was required to give him a hearing within 45 days which they failed to do & the entire case should be dropped and Diaz should be allowed to go back to work.

Diaz seemingly now over the retirement talk and stated.

“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. The summary suspension against me, made without any consideration of the merits of the Complaint, is the only reason I am aware of that a rematch against Mr Condit has not been scheduled. If the summary suspension is set aside, I would be prepared to compete against Mr. Condit or against any other opponent deemed suitable immediately.”

comments

55 Comments to Nick Diaz Sues NSAC & Is Ready To Return

  1. Scotty says:

    DIAZ wants back in and GSP as doctors say may not be ready for fall! Lets get that rematch in the works!

    • EP says:

      fuck yeah lets get this rematch so diaz can destroy condit this time around and then we can all see the fight everyone wants to see… Diaz v GSP. Lets do this DANA!!!!!!!!!!!!!

  2. Jb says:

    Screw MMA I’m retiring…..ok you bipolar baby. Now I want to fight, I respect Nate so much more than his bitchy big brother….I can’t wait till he gets smashed

    • nickdiaz209 says:

      fuck you i never said i want to come back

    • Oh shit, if thats really nickdiaz you just got pwnt.
      Im a smoker, and a fan of Nick and Nate.
      You should go back, you have the entire UFC in your hands,
      Youve managed to do something that most people can never do,
      and that is getting your name in every bodies mouths.
      Do the damn thang, and Beat GSP.

    • James Leonard says:

      You have no clue what competing in a ring and not getting that victory can do to a fighters state of mind.. When fighting is your life and you know your hand should have been raised rather then your opponents hand, (and there is a history of this for Diaz) the shit takes a toll
      Mentally. I can garentee you one thing!! Bet you wouldn’t even look Nick Diaz’s way in person, let alone say some shit like that.. Just another Internet badass!! YOUR A PUSSY JB!!

    • T says:

      You are an idiot. Nick Diaz has gotten fucked over by Dana and the athletic commission. All he wants is what is owed to him, respect and the chance to get back the welterweight title which he should have had in the first place. If the judges weren’t paid by Zuffa to favor Condit, and the system wasn’t ran by corrupt bookies, Nick would have never retired. Go fuck yourself kid.

  3. Mr Groove says:

    Well shit, do the damn thing Nick! There are times I don’t like this guy but he brings it in every fight even in the BJ one. He’s a great fighter, character wise he might not be the best face to have for a company but he comes to fight all the time.

  4. Nick says:

    I didn’t say that!!

  5. jonny says:

    fuck yeah its about damn time !

  6. RFK says:

    Nick is a beast I want him to get the rematch with condit. I hope he can beat GSP but I doubt it .

  7. nickdiaz209 says:

    fuck you i never said im coming back

  8. You know what it is says:

    Somehow I doubt that Nick Diaz actually said that quote himself in the last paragraph…

  9. Rich says:

    As a smoker and a Diaz fan. Hope he he does return to rematch Condit and challenge GSP. Diaz wants a war every fight, he relies on boxing, toughness, and heart to win in the octagon. Instead of fancy footwork and scoring points to win. Diaz emulates what the UFC is about for me. Hope for your return soon! 209!!!

  10. Jon Jones says:

    I told on the stoners at school …..

  11. Rashad Ev says:

    Thats because you fake Jon !

  12. Heath says:

    Run Carlos…Run.. I get the feeling if this fight happens it wont go to the Judges.. We will all see a much more agressive Nick Diaz.. He will cut off the ring so Carlos cant run laps and we will see much more volume in Nicks striking as well as a much more ground work.. I see Carlos being submitted this time around.. There is no way he can compete with Nick on the ground and he knows it..

    • joker.... says:

      Sure condit will just stand still and get punched in the face for your entertainment if they do ever rematch. Dickhead

  13. Carlos Con says:

    I didn’t run from that bitch boy I beat his ass !

  14. Michael says:

    get this rematch in the works!

  15. A.James says:

    Fuck it let’s fight!

  16. My thoughts... says:

    I like to watch Nick fight but other than that I can’t stand that guy! I hope he does come back and has wars with GSP or CC, or both, but that he’s handed his butt every time!

    • Isn’t that the point, that you like to watch any of these guys fight? Would be rather have people we like and don’t want to watch fight? What would be the point of that?

  17. noway! says:

    What u talking about willis! Of course Condit can hang with Diaz on the ground, have u not seen Condits grappling skills before? Why do u think Nick didn’t take him down during the fight. Anyways I hope Condit doesn’t run this time if they do fight that is, and if so I hope Nick corners him and makes him fight.

    • stevo the great says:

      Um watch the fight again moron…..Diaz took Condit down at the end of round 5 with a simple heel push.

  18. danielrchargers says:

    That last quote sounded nothing like Nick..

  19. spiritsplice says:

    MMJ for Attention deficit? What a crock of shit. At least pretend your neck hurts or something.

    And he can’t argue his rights have been violated because 1 he doesn’t have a “right” to fight at all much less in Nevada and 2 they can ban you from using certain substances, you agreed, you broke the rules you agreed to. No different than showing up to the fight drunk.

    • Not You says:

      It clearly states, with the docker number, what rights have been violated. Did you even read or understand the article?

  20. GSP says:

    I am not impressed by your performance.

  21. Chael Sonnen says:

    All 3 of these punks wouldn’t stand a chance against me

  22. haha says:

    i agree. that last quote couldnt have been nick diaz speaking… these web authors better check their sources before they start making headlines too when their ass is getting sued.

    • Frank Trigg says:

      I am going to make a run at the title too I’m coming for you georges !

      Also the statement would have been prepared by lawyers etc Diaz is smart when it comes to money

  23. Damnu says:

    I hope this happens Diaz is MMA! Sue those pricks an get back in the octagon!!

  24. Damnu says:

    I hope this happens Diaz is MMA!! Sue those pricks an get back in the octagon WAR DIAZ!!!

  25. slacker says:

    He tested positive; he didn’t produce a card. He’s not suing anyone. This is all a big smoke show. Goodman is trying to initimidate them into dropping the suspension.

    • Ninja Oreo Dollop says:

      But, they didn’t give him a hearing within 45 days. Other than that I don’t understand this lawyer mumbo jumbo.

      Can’t wait till he comes back. I think he has the personality of a turd but he has some interesting fights ahead of him in the ww division. The 170lb division needs Nick Diaz.

      • slacker says:

        Yeah, but how can they make a date without first seeing the card? If he doesn’t even have a card, a hearing with the NSAC would probably be under the wrong jurisdiction. It would be a criminal or civil offence depending on whether he smoked over or under an ounce. Post – poning the 45 days? That’s an easy one for the gov’t. They had a crapload of hearings they needed to sit through on the 24th, so between his lack of cooperation with showing the card and their busyness with all the hearings they had that day, they best served “public welfare.” I also think Goodman doesn’t want to produce the card because that goes against his primary defense for Nick, that he was suspended “for unlawful reasons in the first place.” Basically, he wants to hold strong that the NSAC has no legitimate, legal complaint, based on his Marijuana metabolites defense. That’s how I see it anyways. If they produce the card, it’s kind of an admission of guilt.

        Nick is a great fighter and I would like to see him back ASAP to fight Condit or whomever. Although, being almost May, I highly doubt Condit would re – offer it to him now. But Diaz needs to learn there is not one special set of rules for him and another set for everyone else. Until he learns to fall in line, he will continue to give Dana, the NSAC, his opponents, and fight fans unpredictable headaches and let -downs.

  26. Hulk Hogan says:

    How are all you fags popping hot on piss tests…hit me up Nick, I’ll show you how to pass.

  27. Xaninho says:

    “The summary suspension against me, made without any consideration of the merits of the Complaint, is the only reason I am aware of that a rematch against Mr Condit has not been scheduled. If the summary suspension is set aside, I would be prepared to compete against Mr. Condit or against any other opponent deemed suitable immediately.”

    It’s all good and all, but I thought the reason was because Nick said he quit and retired.

  28. James Wolfe says:

    I would love to see the rematch. And would also love to see you kick GSPs french butt back to the racist province of Quebec.

    One thing Nik and please listen to this. The last thing you want is lawyers getting involved in your life for any reason. These people are parasites; they will cost you a fortune. Please be careful or you will end up broke. You have worked to hard for your money, don’t give it away to lawyers, please be careful.

  29. James says:

    Oh, I’m sure the UFC is helping to pay for is lawyers.

  30. f$%ktardsRus says:

    JUST SHOW THE CARD/RECOMMENDATION AND GET THIS CRAPOLA OVER WITH! I love watching the Diaz brothers fight but Nick is just delaying this himself as well. Show them the card, and then get back in there and beat Condit’s head in this time! NO JD!!

  31. big tasty says:

    first off, he does not have a prescription for medical cannabis. doctors cannot prescribe medical cannabis, therefore you cannot have this mythical “card” that the athletic commission is asking for. you can only get a doctor’s note suggesting cannabis as a treatment and those notes in addition to his medical records were sent to the commission.

    • Chael sonnen says:

      well that says it all its his fucking medicine. I hate diaz. but dont punish him for using treatment for his illness. no wonder why he behave so wild.

  32. Roscoe10 says:

    Actually here in CA you do get a card a cannabis card just like an ID with your pic and all, so I’m sure this is what they are referring to.

  33. GHOST007 says:

    Face it, the commish f’d up, and nick has all the legal rights owed to him, plus, put this crap behind us and move onto him getting his chance at whipping gsp ass, as soon as he’s done kicking condits !!

  34. 2lowtoe says:

    fire keith kisser

  35. 16v149 says:

    Nick get connected , tag along , be a GOP then again your not like Dana

    or shael . Your a warrior for life , not some GOP musican who urinates and

    shits his pants to get out of the draft. But Ali was a warrior and he was

    jailed for avoiding the draft. American Muslin get no respect. War Diaz

    GSP was punished, just like the lier, cheat, phony felon CS

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