NSAC files against Nick Diaz' request for injunction; hearing set for May 14th
Posted on May 12, 2012, 12:35 PM by Mike Drahota
In the latest development in the saga of the Nevada State Athletic Commission v. Nick Diaz, the Nevada attorney general's office has filed an opposition to the latest claim made by Diaz' legal team. Diaz insisted he was not given a hearing within the allotted time, but the commission is responding on the grounds that he cannot take any legal action until disciplinary action has been handed down to him. Another step in a back-and-forth war, this latest report leaves us wondering when, if ever, we will see Nick Diaz in the Octagon again.
The NSAC stands firm on its stance that the entire process has been held up by Diaz not providing the requested information, namely his medical marijuana card from the state of California. They believe that Diaz has not seen negative effects from his temporary suspension that would warrant the legal action taken by his team. Diaz' legal team of course filed an injunction against the commission on the basis that they also accused him of lying on a pre-fight drug questionnaire, but that is not how the commission views it. The Nevada attorney general's 20-page report states the following, via mmajunkie.com:
"Mr. Diaz has failed to exhaust his administrative remedies. In this matter, Mr. Diaz ignored the process and now has attempted to go into court and claim that he is being harmed."
So it appears that the commission is ready to go to battle with Diaz and his legal team, viewing it as a situation where the fighter is drawing out the process of his own hearing, and will be “not likely to succeed on the merits of his arguments." One would be hard-pressed to find an MMA situation that has gone through so much action and counteraction in a legal sense. However, this whole debacle may be far from over as new paperwork continues to be filed on a weekly basis. More will be known at his hearing on May 14.
Meanwhile, Nick Diaz will face Braulio Estima in a BJJ Superfight later today, his thoughts focused on facing a world-champion. There is no doubt that Diaz possesses world-class BJJ skills. The question remains if we will see these skills in an MMA arena anytime soon. Obviously, there is no clear answer to that until we see the smoke clear from his drawn-out battle with the NSAC. Has Diaz been wronged to the point of legal action, or has he neglected the requests of the NSAC?
Further Reading: Nick Diaz files claim against NSAC; denies lying on pre-fight drug questionnaire
Comments
God, just legalize it already. I mean it's not as bad as steroids, TRT, or PEDs. It's just weed it gets you high. Also didn't he mention that he has a doctors note for the weed? I'm pretty sure that's legal if he does.
If only you knew what you were talking about.
No...the problem is that it is marijuana is illegal, unless you have a medical doctor to issue you a card so you can buy it. I belive that is why NSAC is asking for Nicks card. If he doesnt have one, then he is using illegal substances regardless if its not steroids...
Diiaz is scared
No but neither does the writer of this article.
You should watch this documentary on the most useful plant on earth
http://www.youtube.com/watch?v=nLTsXcm-N3U
Mr. Diaz failed to exhaust his administrative remedies..because he got high, because he got high, because he got high...
This whole process is starting to get lost in it's own ocean of paper work. Before long we won't even remember what started this whole mess. Pot metabolites, which is not even a banned substance if you read between the lines.
As a professional fighter, you have responsibilities to meet the medical requirements and report any pharmaceuticals being taken..
Nick Diaz has obviously overlooked part of this process assuming his Californian licence is legal therefore he has no questions to answer.
In this instance, Nick Diaz is challenging the process back to front because of the drug testing results.
Nick needed to apply to the Athletic commission in the first instance for a total exemption to use cannabis, and then put his claim to the appeals court if the athletic commission denies his request. Before Nick commenced his fight, he needed to argue that his medical condition requires the use of cannabis which is legal in his state and argue that the commission has discriminated against him and perverted treatment for a serious ongoing medical condition (ADHD) diagnosed by a psychiatrist. He can argue through his specialist that this is the only medication that work effectively for him.
The athletic commission is not the highest court in the US, but first you need to go through to the athletic commission and challenge their rules and recieve a decision before a higher court will grant leave to hear your case.
I feel sorry for Nick that he is in this situation, because ADHD obviously affects individuals ability to stay focussed and be organised. I can also understand nick Diaz not wanting to make a circus out of his condition and being the target of extra drug testing
the guy wants to bang. I'd like to see people around Diaz that can help him attend press conferences, and give the best advice on dealing with commissions before it becomes an issue.
Its too late for that.
"Nick needed to apply to the Athletic commission in the first instance for a total exemption to use cannabis"
Yep he definitely should have, the problem is Keith Kizer has made it abundantly clear through rulings and interviews in the past that he would not seriously address that request. His back pedaling on his stance in that regard is one of the more laughable parts of this whole situation.
The headline of this article is completely incorrect. The NSAC has nothing to do with the district court this is filed under. Hopefully the mods will change this title. They are in opposition which most likely came out of the discoveries before it hits the court Monday. NSAC has to go before a judge and he will decide wether to hear the case or not. The opposition is their argument and what they will present as there case. It is totally normal and predictable for a defense in this circumstance to do it and it means absolutely nothing.
This is typical nick diaz. In every sport there's always a guy with superior talent that has the potential to reach the pinnacle of their sport but their personality and poor decision making get in the way. Nick is becoming one of those guys.
Ironically you also described BJ Penn. Nick has taken the "falling short of their incredible potential by making bad decisions" title from BJ.
What about Ali? He lost some of the best years in his career by bucking the system during his time. Who knows what kind of damege he could have done if he had only bent over for the man.
Diaz is no Ali, but the kid is in his prime, and it would be a shame to see history kind of repeat itself in this way; but is a situation like that even avoidable at this point?
With Diaz bucking like he is, it seems that this could go on indefinately with no resolution in sight.
Perhaps his personality and decision making is what got him where he is.
I love Nick Diaz and I'm about to get high right now, but I understand that although he may have a medical card for legal marijuana, it's not legal in the UFC. It's obviously not gonna offer many if any benefits in fighting, it's just simply illegal.
I have never seen a pot user on this site before say something so level headed and unbiased. Bravo.
The problem with that statement is you have no idea who is a pot user on this site.
With that being said, just fine him and let him fight!
The UFC doesn't determine the legality of anything. That would be the juristiction of the federal government.
I'm glad Nick took the route of just suing them for trying to enforce a rule that doesn't exist. Until the NSAC shows up in a civll court with the evidence that shows that Diaz broke one of their rules, he should not be suspended.
Guilty until proven innocent is becoming far to common these days.
Unfortunately the NSAC is abusing its authority ,thinking that guys like Sonnen and Overeem and Diaz won't sue them because they have to apply to that same commision for re-enstatement. So they interpret the rules however they like.
Illegal in the UFC
Seriously the title of the article needs to go. It should be the NCAS opposes Diaz motion for injunction hearing. They do not have the power to reject something filed in a court. Opposition is a defense legal term not a ruling. The judge will make a ruling not the NCAS. Their arguments are not all that strong though I don't know the full details. Judges don't take kindly to thug behavior when dealing with peoples lively hoods. Th NCAS is obviously stalling to punish nick for going public and legal. I don't thin. Judges like that type of thng. And often are at odds with the AG.
Say Movescamp, what do you think about the title of this article?
I noticed that too in the title. The NSAC cannot turn down Diaz's request for an injunction which is issued by the court--they may only oppose Diaz's request to the court.
But let's face it, the Attorney-General of Nevada probably knows every judge in the state. Diaz's lawyer's case of failure of due process falls down when it is learned that neither Diaz or his counsel appeared at the hearing for a Temporary Suspension--yet both were sent official notices.
Nick might have had a sliver of a chance with the NSAC if he went before them and presented evidence showing the World Anti-Doping Agency does not sanction athletes with marijauna metablities, but only active ingredients. The NSAC generally uses WADA for guidlines in such matters,
But now, Diaz has pissed them off, and tried to go around their authority--before even attempting to make his case to the NSAC.
Legal prognosis is poor.
All day in the USA we are barraged with misleading articles and phony politics I was hoping to not have it transfer over to MMA. It's also bad journalism to make up things that aren't true. We can debate right and wrong or wether people can smoke pot or not but this is just a completely misleading, and false statement in this article. It's a motion not a request and it is a district court lawsuit not NCAS appeals. So go ahead and make fun but the author looks bad making false statements.
Please read the original source if you think it is false:
http://mmajunkie.com/news/28650/nsac-opposes-nick-diaz-camps-motion-for-preliminary-injunction.mma
Pretty cut and dry, word for word.
The original source, MMA Junkie, properly states the NSAC Opposes Diaz's request for an injunction, the article title above say the NSAC Turns Down Diaz's request for an injunction.
The NSAC cannot turn down Diaz's request for an injunction.
Pretty cut an dried.
No, you raise good points about journalism in general. Yahoo news is the worst I have ever seen. They never let facts get in the way of a good story. (We sound like Chael in his last interview BTW). The joke relates to you having said it three times (in three different posts) not to the point you were trying to make. I was teasing you about being redundant.
No I get it i just got all grumpy because of this election crap in the U.S. and how much terrible reporting there is generally in the media. None of this would even be an issue if Diaz had a bit more sense. However, now thy he is in this position he could raise a larger debate for nsac which could be useful.
If I didn't think there was something let's say "different" with nicks wiring I would be more likely to be down on him. But I think he is prob doing the best he can with the tools he has mentally, spiritually, and physically. His decisions aren't always the greatest but he has made something for himself that a lot of people could never do with his attributes. So I don't hold his stupid decisions against him as much as some. But they are stupid sometimes.
I appreciate your thorough legal knowledge. However, it is the NSAC that is filing against Nick Diaz, not the NCAS, whatever that may be. A quote from the original cited article:
In the latest salvo between the Nevada State Athletic Commission and Nick Diaz, the Nevada attorney general's office, on behalf of the commission, has filed a document opposing a request for an injunction against the fighter's temporary suspension.
So, it is the Nevada attorney general on behalf of the commission.
Thank you for your interest.
Your misunderstanding the legal terms. Nick Diaz filed a suit against the nsac. It is called a motion because it is in between a larger suit. The motion is that he hasn't been allowed to have a hearing. An opposition was filed so when the hearing happens on Monday the judge has the nsac argument already in hopes he just throws the case out. This suff is common during the discovery phase of cases which is where lawyers exchange parts of their arguments so the judge has some idea about the case before he goes to the hearing.
The nsac can not throw out the case by filing an opposition it is just a court record of why they think there is no reason for the hearing. It wasn't taken word for word from the junkie article they state the nsac filed an opposition. The judge will decide wether Diaz should have an NCAS hearing or not and if he has been wronged.
Your article title states:
NSAC turns down Nick Diaz' request for injunction
This wrong. Plain and simple.
Only the court may turn down Diaz's request.
But what does all this have to do with the price of eggs in China?
+1
+2
Diaz is an amazing talent I don't know of anyone who argues that point. He does display poor judgment at times and that evidence is irrefutable. All around its just a shame. I love watching him fight and find him to be an intriguing person. I'm also disappointed that he flaked in tonights Bjj fight. Hard to root for the guy sometimes....
Sometimes it's tough, but if you are a true fan of the man, you gotta take the good with the bad. It sucks sometimes. But those other times, like when he is in there banging, it makes it worth it.
His talent got him where he is. If he sucked he wouldn't be given second and third chances he would just be cut and people wouldn't put up with his bullshit.
Well said. Short and to the point. And oh so true!