Armstrong's federal lawsuit against USADA dismissed
This story was originally published on Cyclingnews.com.
A US judge has dismissed the lawsuit filed by Lance Armstrong against the US Anti-Doping Agency (USADA), just hours after it was filed.
The 80-page-long lawsuit claimed that USADA rules violate an athlete’s constitutional right to a fair trial, and that the agency doesn’t have jurisdiction in his case. Seven hours after being filed, federal district court judge Sam Sparks dismissed the claim in Austin, Texas.
The case can be refiled in 20 days on the basis that Armstrong abides by Federal Rule of Civil Procedure 8, Sparks wrote in his dismissal, which demands “a short and plain detailed statement of facts, not a mechanical recital of boilerplate allegations, nor-as is more relevant here-a lengthy and bitter polemic against the named defendants.”
Sparks goes on to say that Armstrong’s initial claim filings were far from short and plain.
“This Court is not inclined to indulge Armstrong’s desire for publicity, self-aggrandizement or vilification of Defendants, by sifting through eighty mostly unnecessary pages in search of the few kernels of factual material relevant to his claims.”
The Court claimed that the lawsuit filed earlier in the day contained “allegations” which were separate to the case and therefore “the Court must presume, were included solely to increase media coverage of this case, and to incite public opinion against Defendants.”
In a footnote, the dismissal document says that the court “expresses no opinion whether Armstrong has a legally cognizable claim against Defendants; it concludes only that his current pleadings are insufficient under the Federal Rules of Civil Procedure.”