Quantcast
  

Saturday, April 19, 2014         

 Print   Email   Comment | View 0 Comments   Most Popular   Save   Post   Retweet

Judge dismisses Armstrong's case against USADA

By Ronald Blum

AP Sports Writer

POSTED:


NEW YORK >> A federal judge in Austin, Texas, threw out Lance Armstrong's lawsuit against the U.S. Anti-Doping Agency today, a decision that allows the agency's drug case against the seven-time Tour de France winner to move ahead.

Armstrong, who repeatedly has denied doping, claimed in his lawsuit that USADA lacked jurisdiction and its arbitration process violates his constitutional rights.

U.S. District Judge Sam Sparks dismissed the lawsuit as speculative.

"With respect to Armstrong's due process challenges, the court agrees they are without merit," Sparks wrote in a 30-page order. "Alternatively, even if the court has jurisdiction over Armstrong's remaining claims, the court finds they are best resolved through the well-established system of international arbitration, by those with expertise in the field, rather than by the unilateral edict of a single nation's courts."

Armstrong can try to overturn Sparks' decision by going to the 5th U.S. Circuit Court of Appeals in New Orleans. He also can agree to proceed with USADA's arbitration or accept its sanctions.

In a governing body turf war, the International Cycling Union (UCI) says it has jurisdiction in the Armstrong matter, not USADA. The cyclist could attempt to challenge USADA proceedings before the Court of Arbitration for Sport in Switzerland.

"On balance, the court finds the USADA arbitration rules, which largely follow those of the American Arbitration Association, are sufficiently robust to satisfy the requirements of due process," Sparks wrote. "This court declines to assume either the pool of potential arbitrators, or the ultimate arbitral panel itself, will be unwilling or unable to render a conscientious decision based on the evidence before it. Further, Armstrong has ample appellate avenues open to him."

He cited a 2001 decision by the 7th Circuit in Slaney vs. the International Amateur Athletic Association, an attempt by runner Mary Decker Slaney to overturn an arbitration panel's decision that she committed a doping offense.

"Federal courts should not interfere with an amateur sports organization's disciplinary procedures unless the organization shows wanton disregard for its rules," Sparks said. "To hold otherwise would be to turn federal judges into referees for a game in which they have no place, and about which they know little."






 Print   Email   Comment | View 0 Comments   Most Popular   Save   Post   Retweet

COMMENTS
(0)
You must be subscribed to participate in discussions
By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. Because only subscribers are allowed to comment, we have your personal information and are able to contact you. If your comments are inappropriate, you may receive a warning, and if you persist with such comments you may be banned from posting. To report comments that you believe do not follow our guidelines, email commentfeedback@staradvertiser.com.
Leave a comment

Please login to leave a comment.
IN OTHER NEWS