Nick Diaz is taking legal action against the Nevada State Athletic Commission.
The would-be welterweight contender failed a drug test in February after marijuana metabolites were found in his system following an NSAC urine test.
NSAC immediately placed him under suspension pending a hearing - but the hearing has yet to materialise. As such, Diaz is claiming that his constitutional right to Due Process has been breached without good reason.
Diaz’s suit centres on NSAC regulations requiring a suspended fighter to be given a hearing, or at least have a hearing date set, within 45 days of the suspension being put in place. According to Diaz’s attorney, NSAC is in clear breach of this rule.
The suit asks for the courts to rule that NSAC has now lost its right to take any punitive action against Diaz, having improperly delayed adjudication on his case. It also asks that his suspension be lifted with immediate effect so that Diaz can return to competition.
Diaz’s suit is in effect a request for judicial review of the NSAC’s procedures. Courts frequently side with plaintiffs where the plaintiff’s life or earning potential is significantly affected by the ruling of a non-judicial body which nonetheless has the power to make binding rulings, such as an athletic commission.
According to his claim, Diaz is ready to fight “immediately” if the suspension is lifted.
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