-->
BJPENN COM

MMA News

Tuesday, 05/01/2012, 08:47 am

State of Nevada Rebuts Nick Diaz Lawsuit | UFC NEWS


By Adam Conklin:
Since his suspension following a positive drug test that showed cannabis metabolites in his blood, Nick Diaz has been in a legal battle with the state of Nevada to clear his name and eliminate, or at least shorten his one year suspension.

Most recently, the state of Nevada answered back to a lawsuit charged against them from Nick Diaz, citing a violation of his due process by declining to grant him a hearing on the status of his fighter’s license within 45 days of his suspension. This is just the most recent news in a story that is far from its conclusion.

By Mike Chiappetta – Senior Writer – MMAFighting.com
Apr 30, 2012 – Last Tuesday, UFC welterweight Nick Diaz filed a lawsuit against the Nevada state athletic commission, claiming that the state regulation agency violated his right to due process by declining to grant him a hearing on the status of his fighter’s license within 45 days of his suspension. 

According to the state of Nevada’s office of the attorney general, the legal move is misguided. That is because Diaz’s legal team, headed by Ross C. Goodman, cited a “summary suspension” of Diaz’s license in his court filing. According to Nevada’s state codes, a summary suspension can be ordered if an agency finds that “public health, safety or welfare imperatively require emergency action.”

But in a written response from Nevada attorney general Catherine Cortez Masto to Goodman and forwarded to MMA Fighting, the state of Nevada asserts that Diaz’s legal team misunderstood the suspension.
“No Notice of Summary Suspension was ever served on your client,” Masto wrote. “In this matter, Mr. Diaz was properly served with a ‘Notice of Hearing on Temporary Suspension’ and he failed to appear at the hearing. The Commission temporarily suspended Mr. Diaz’s license at the hearing. Neither Mr. Diaz nor you objected in any manner to the temporary suspension.”
The letter effectively indicates that because Diaz was not given a “summary suspension,” his case does not fall under Nevada code NRS 233B.127, which requires a hearing within 45 days. A separate code, NRS 467.117, indicates that the commission can ” continue the suspension until it makes a final determination of any disciplinary action to be taken against the licensee or holder of the permit.”

The letter also indicates that the NSAC delay in scheduling Diaz’s hearing was partially his fault, caused while waiting for him to produce his medical marijuana card.
“I’ve waited for more than a month for the card,” Masto wrote.

Diaz tested positive for marijuana metabolites on February 4, shortly after losing a UFC 143 match against Carlos Condit. On a pre-fight medical questionnaire, he denied taking any “prescribed medications” in the last two weeks. 

On April 4, Nevada sent Goodman a letter asking him to produce Diaz’s medical marijuana card. Goodman later produced a letter from Diaz’s doctor, Robert E. Sullivan, who said he had first issued a physician’s statement in June 2009 which noted that Diaz had a ‘serious medical condition” which would, in his professional opinion, “benefit from the use of medical cannabis.” He issued a follow-up statement on Feb. 28, 2012, re-affirming the same.

The Nevada attorney general’s office said that they are moving forward with their complaint against Diaz, and that they would still attempt to hold a disciplinary hearing on the matter.

Meanwhile, Nevada’s Clark County District Court has set a May 14 hearing at 10:30 am on Goodman’s request for an injunction against the suspension on Diaz’s license.

comments

26 Comments to State of Nevada Rebuts Nick Diaz Lawsuit | UFC NEWS

  1. ieatvag says:

    cannabis metabolites are a byproduct and can remain in the blood stream for 2-6 weeks.
    “he denied taking any “prescribed medications” in the last two weeks”
    his statement may be true.
    nevada state commish is full of tihs

    • Michael de la Cruz says:

      Diaz had to show up, and validate his Medical Marijuana Card, show some initiative. Goddam Diaz, “Play The Game”. Stop letting you’re fans down.

    • Rey Rey says:

      If you actually remember they said he stop smoking 8 days before the fight. Which is within 2 weeks covered by said questionnire

    • Black Jew says:

      Ive failed multiple drug test 6-8 weeks after smoking. They cant prove what nick said isnt true at all. NSAC is just hating on weed smokers

  2. CoCiO says:

    sounds like they’re trying to buy time because he doesn’t have his card lol..that alone is going to fuck his suit, best of luck to him though..would be nice to see him back sooner rather than later.

  3. Matt says:

    Who cares… He knows the rules and chose to break them. He and his brother are both too incompetent to ever make anything of themselves. Born losers and that is all they want to be.

    • DanaTheBoss says:

      That’s funny coming from you…. who the hell are you to say they can’t make anything of themselves? THEY ARE UFC FIGHTERS MAKING MORE MONEY THAN BOTH YOUR PARENTS COMBINED! And that is only off ONE fight.

      • Jimbo says:

        i think i remember him bitching that he wanted more money so he could buy a house and that the ufc doesn’t pay fighters enough.

        Maybe he should go to boxing and make the money mayweather style money then he can buy all the weed and houses he wants

    • Scotty says:

      Check your bank account then check theirs, see who has made something of themselves.. Also you watch them fight, typing comments about em.. Who’s paying to watch you? hahaha

      • Nuitari X says:

        Hey say what you want but nate diaz is gonna be the champ man. Mark my words. I love nick but his brother is taking their style to a whole new level. Both of them are world class athletes.

      • Jason says:

        Um…I think my bank account is pretty stacked, i guess I’ll go drive my lambo up the grapevine, since I can afford one and own one. Also people are paying to see me since I’m a doctor.

  4. Jimmy says:

    oh fighting in the ufc isn’t making something of yourself ?

  5. T.Daddy says:

    Pass the dutchie my friends

  6. slacker says:

    Nick diaz “fought the law, and the law won.” Oh well, hopefully, he will do well in this jiu – jitsu match. It would be quite a feat to beat that guy, apparently.

    I believe Nate will be beaten by Miller. Take – down and grounded and pounded. Miller is just too strong for him.

  7. KIDD433 says:

    NICK DIAZ needs to stop being a lil bitch.He fucked up,got caught.Needs to stop crying and man up!

  8. your mom says:

    It’s just pot people. Relax a little. It’s illegal to spit on the sidewalk in some states. My point is alot of things are illegal, that doesn’t mean they should be. Just because something is a law or a rule doesn’t make it right. Thank God for people like Nick who don’t try to hide shit or be someone he is not. At least he isn’t trying to hide testosterone use or something like that. And I can tell you all one thing for sure and that is that pot sure in the hell doesn’t make you stronger than the other guy. Oh no you smoke pot, you lose your job for a year, seriously, lighten up people. What if you got a speeding ticket on the way to work, hey you know the rules, now you lose your job for one year. You broke a rule, shame on you.

    • Balls McGee says:

      All u people talkin shit about he broke rules got what he deserved but overseen got 9 months for 14:1 and pot is a year? What sense does that make? Rather guys smoke pot or shoot hormones on their ass?

  9. Alex says:

    WHY er we discussing this shit. Why the fuck do fighters get suspended for smoking mariuana. I does not help og is a harmless drug. If you took someone and made him smoke weed for a year everyday and took one who had to drink everyday it would clearly be the one who has done alcholol which would be most damaged. Hell I bet you wouldnt even be able to confirm any damages of the mariuana use. This whole thing make me sick, and people who hate on diaz is really ignorant idiots who never smoked pot and got no idea what it will do to you. Ohh and also. It’s pretty simple to argue why he shouldnt get a suspension. Those thc metabolites can store themselves in your fat cells og when you cut weight like you do in mma it doesnt take a scientist to predict that a guy like nick diaz would have those metabolites while cutting weight and there taking from his fat reserves. This thing about nicks suspension is just so STUPID that it makes you loose faith in humanity!!

  10. Brend0magic says:

    Diaz’s suspension should be lifted, this is some major bullshit for him, good for the sport and great for marijuana activists.

  11. Coco says:

    Matt is a mormon with little baby balls!

  12. dutty cup says:

    Nick diaz with a medical marijuana card lolol I’ve heard it all now..

    • Gould says:

      for ADHD of all things lol. I have ADHD and have taken medication for it but he must have one hell of an awesome doctor to get a Medical Marijuana card for it

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>