UFC welterweight Nick Diaz has filed suit in Nevada District Court against the Nevada Athletic Commission, requesting relief from his ongoing suspension and any future disciplinary action by the NAC.
Diaz, who tested positive for marijuana metabolites following his Feb. 4 loss to Carlos Condit, was suspended by the NAC on Feb. 22 pending a disciplinary hearing that has yet to occur. Diaz’s attorney, Ross C. Goodman of Goodman Law Group, responded to the NAC’s complaint against Diaz, and the parties have exchanged written documents for several weeks, as outlined by a Sherdog.com report on April 19.
In the suit, filed April 24, Goodman alleges that the commission has unlawfully suspended Diaz’s license, issuing what has essentially become an indefinite suspension that has “caused and will continue to cause irreparable harm to Diaz” by “failing to promptly convene a final hearing to determine the merits of [the NAC’s] complaint.” Goodman also reaffirms his claim that the welterweight’s case should have been heard by the commission within 45 days from the date Diaz’s suspension took effect. The action was first reported by MMAFighting.com
Diaz, a medical marijuana patient in his home state of California due to his Attention Deficit Hyperactivity Disorder (ADHD), was left off of the commission’s April 24 agenda after Nevada Deputy Attorney General Christopher Eccles responded to a Feb. 13 letter from Goodman that demanded Diaz be heard at this month’s meeting. Eccles asserted that Diaz’s medical marijuana card had not been delivered as promised, though Goodman stated that proper proof of Diaz’s legal, out-of-competition marijuana use had already been provided in the form of a signed physician’s letter. NAC Executive Director Keith Kizer previously confirmed to Sherdog.com that the commission planned to see Diaz at a later date.
Goodman filed Diaz’s complaint against the NAC in Clark County District Court the same day as the commission’s aforementioned meeting. On April 25, Goodman filed a motion for preliminary injunction, which was granted by District Court Judge Rob Bare. As a result, Diaz’s complaint will be heard on May 14 at 10:30 a.m. The NAC has until May 8 to file any opposition to Goodman’s complaint.
The former Strikeforce welterweight champion, Diaz, 28, rejoined the UFC last year, making his Octagon return this past October. Diaz battered former two-division champion B.J. Penn at UFC 137, taking a bloody unanimous decision from “The Prodigy.” Diaz then faced Condit in February for the UFC interim welterweight title after reigning champion Georges St. Pierre suffered a torn ACL.