Skip to main content

Lance Armstrong refiles suit against anti-doping agency

By the CNN Wire Staff
July 11, 2012 -- Updated 1044 GMT (1844 HKT)
Champion cyclist Lance Armstrong has refiled his lawsuit against the U.S. Anti-Doping Agency.
Champion cyclist Lance Armstrong has refiled his lawsuit against the U.S. Anti-Doping Agency.
STORY HIGHLIGHTS
  • NEW: Cycling champ Armstrong asks the court to file an injunction against USADA
  • He refiles one day after a judge dismisses lawsuit
  • The seven-time Tour de France winner faces doping charges
  • He says he has never tested positive for performance-enhancing drugs

(CNN) -- Champion cyclist Lance Armstrong refiled a lawsuit Tuesday against the U.S. Anti-Doping Agency in a bid to halt a doping case against him.

One day earlier, a federal judge threw out Armstrong's original suit, blasting the seven-time Tour de France champion in a sharply worded ruling.

In his brief order, U.S. District Judge Sam Sparks wrote that the case was full of legally irrelevant claims "included solely to increase media coverage of this case" and stir up hostility toward USADA. He urged the cyclist to refile his lawsuit without "any improper argument, rhetoric, or irrelevant material."

Like the original, the refiled suit asks the court to file an injunction against USADA by Saturday, the agency's deadline for Armstrong to agree to contest the charges or accept sanctions. It is substantially shorter than the original lawsuit, by about 55 pages.

Armstrong suspended from Ironman
Lance Armstrong faces new doping claims
Lance Armstrong victim of vendetta?

USADA has accused Armstrong of using performance-enhancing drugs. Armstrong maintains he has never tested positive for performance-enhancing drugs and has said USADA and its CEO, Travis Tygart, are out to get a "big fish" to justify the agency's existence.

"Throughout his 20-plus year professional career, Mr. Armstrong has been subjected to 500 to 600 drug tests without a single positive test," the refiled suit reads. It contends USADA "does not have the right to force him to arbitrate those charges without a valid, enforceable legal agreement to do so."

The 40-year-old Armstrong faces a lifetime ban and could be stripped of his Tour de France victories if found guilty by USADA. Armstrong won the tour each year from 1999 to 2005, most of those for a team sponsored by the U.S. Postal Service. He retired twice from cycling -- first in 2005, for four years, and again in 2011.

USADA is a quasi-government agency recognized as the official anti-doping agency for Olympic, Pan American and Paralympic events in the United States. In a June letter to Armstrong, a copy of which was obtained by CNN, the agency said it collected blood samples from Armstrong in 2009 and 2010 that were "fully consistent with blood manipulation including EPO use and/or blood transfusions."

EPO, or erythropoietin, boosts the number of red blood cells, which carry oxygen to the muscles.

Armstrong has been dogged by allegations of drug abuse in recent years, with compatriot Floyd Landis -- who was found guilty of doping in the 2006 Tour de France, resulting in him being stripped of the title -- making a series of claims last year.

Armstrong came out fighting in May 2011, in the face of fresh allegations made on CBS News' "60 Minutes" show by another American, Tyler Hamilton. In the CBS interview, Hamilton, who retired in 2009 after twice testing positive himself, says he first saw Armstrong use EPO in 1999.

"I saw it in his refrigerator," Hamilton told the news program. "I saw him inject it more than one time like we all did, like I did many, many times."

In February, Justice Department prosecutors said they closed a criminal investigation after reviewing allegations against Armstrong. They had called witnesses to a federal grand jury in Los Angeles, but they apparently determined they lacked evidence to bring a charge that Armstrong used performance-enhancing drugs.

Armstrong has won two half-distance Ironman events this year, and he is suspended from World Triathlon Corporation competitions. The world championships will be held in October in Hawaii. He was a U.S. triathlon champion as a teenager.

ADVERTISEMENT
Part of complete coverage on
August 20, 2014 -- Updated 1219 GMT (2019 HKT)
He admits to having a "f**k you" attitude, but Lance Armstrong insists he "never gets crap" following his long-awaited admission of long-term doping.
August 19, 2014 -- Updated 1017 GMT (1817 HKT)
CNN's Alex Thomas talks to CNN.com writer Matt Majendie about his interview with Lance Armstrong.
August 13, 2014 -- Updated 1152 GMT (1952 HKT)
He might have been best known for his acting career, but the late Robin Williams was a cycling fanatic.
July 28, 2014 -- Updated 1606 GMT (0006 HKT)
Whisper it quietly, but after years of foreign domination the prospect of a French winner of the Tour de France is more than just a mere pipe dream.
July 27, 2014 -- Updated 1947 GMT (0347 HKT)
Vincenzo Nibali became only the sixth man in history to win all three of cycling's major tours as he sealed victory in the 2014 Tour de France.
July 17, 2014 -- Updated 1500 GMT (2300 HKT)
Standing on the podium at London 2012, Joanna Rowsell achieved her greatest dream -- and gave hope to millions around the world.
July 7, 2014 -- Updated 2248 GMT (0648 HKT)
The Tour de France is arguably the world's toughest event -- but it's just got a whole lot tougher.
June 6, 2014 -- Updated 0025 GMT (0825 HKT)
The Great DIvide
The primary joy of a bicycle is that, in its purest form, it's little more than a highly efficient way of walking.
May 28, 2014 -- Updated 1315 GMT (2115 HKT)
David Kinjah njau and Davidson Kamau kihagi of Kenya in action during stage 2 of the 2007 Absa Cape Epic Mountain Bike stage race.
David Kinjah won medal after medal -- but he also nurtured local Kenyan talent, like future Tour de France champion Chris Froome.
March 5, 2014 -- Updated 1240 GMT (2040 HKT)
Chris Froome and mentor David Kinjah
Winning the Tour de France may be one of sport's toughest challenges but Chris Froome believes today's cyclists have an equally arduous task.
January 23, 2014 -- Updated 1026 GMT (1826 HKT)
Dubbed "the fastest man on two wheels," Mark Cavendish is a formidable sprint cyclist.
ADVERTISEMENT