Photo of Nick Diaz by Esther Lin via MMAFighting.com.
Due process? More like overdue process, amirite?
Nick Diaz was suspended by the Nevada State Athletic Commission (NSAC) after testing positive for marijuana metabolites following his five round unanimous decision loss to Carlos Condit at UFC 143, which was held on Feb. 4, 2012 at the Mandalay Bay Events Center in Las Vegas, Nevada.
The former Strikeforce middleweight champion has a prescription for medical marijuana after being diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), which is legal in both Nevada and his home state of California.
He was going to use that as part of his defense at his hearing in front of the NSAC, too, if they had ever actually scheduled him one. The reason one wasn't scheduled? The State Attorney General requested a copy of Diaz's medical card prior to locking down a date.
No card was produced. Instead, Diaz's legal team, led by Ross Goodman, spent their time drawing up a lawsuit for violations of statutory law and Diaz's Constitutional rights to Due Process.
MMAFighting.com has the details:
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."
For those of you not well versed in legal mumbo jumbo, the gist of the situation is this: Diaz was suspended unlawfully in the first place but even then, the NSAC was required to give him a hearing within 45 days of said suspension. They failed to do so and because of that, the entire case should be dismissed and Diaz should be allowed to go back to work immediately.
Now, this would set one hell of a precedent if Diaz is successful, which he could very well be considering his case is solid. We knew hiring Ross Goodman meant the Stockton slugger wasn't playing around but these folks really mean business. Or, at least, they just want to let Diaz get back to his business, which is battling it out inside the Octagon for the Ultimate Fighting Championship (UFC) and its fans.
To that end, Diaz has thrown any and all retirement talk out the window. Not only that, he's now ready to rematch Carlos Condit for the right to fight UFC Welterweight Champion Georges St. Pierre once he's healthy.
"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."
It wouldn't be a day in the life of Nick Diaz if there wasn't some measure of insanity, right?