Judge slaps down Lance Armstrong's lawsuit

Written By Unknown on Monday, July 9, 2012 | 11:40 PM

Seven-time Tour de France champion Lance Armstrong has denied numerous accusations of doping over the years. Look back at his record-setting career.Seven-time Tour de France champion Lance Armstrong has denied numerous accusations of doping over the years. Look back at his record-setting career.
Armstrong, 17, competes in the Jeep Triathlon Grand Prix in 1988. He became a professional tri-athlete at age 16 and joined the U.S. National Cycling Team two years later.Armstrong, 17, competes in the Jeep Triathlon Grand Prix in 1988. He became a professional tri-athlete at age 16 and joined the U.S. National Cycling Team two years later.
In 1995, Armstrong wins the 18th stage of the Tour de France. He finished 36th overall and finished the race for the first time that year.In 1995, Armstrong wins the 18th stage of the Tour de France. He finished 36th overall and finished the race for the first time that year.
Armstrong rides for charity in May 1998 at the Ikon Ride for the Roses to benefit the Lance Armstrong Foundation. He established the foundation to benefit cancer research after being diagnosed with testicular cancer in 1996. After treatment, he was declared cancer-free in February 1997.Armstrong rides for charity in May 1998 at the Ikon Ride for the Roses to benefit the Lance Armstrong Foundation. He established the foundation to benefit cancer research after being diagnosed with testicular cancer in 1996. After treatment, he was declared cancer-free in February 1997.
Armstrong leads his teammates during the final stage of the 1999 Tour de France.Armstrong leads his teammates during the final stage of the 1999 Tour de France.
Armstrong takes his honor lap on the Champs Elysees in Paris after winning the Tour de France for the first time in 1999.Armstrong takes his honor lap on the Champs Elysees in Paris after winning the Tour de France for the first time in 1999.
After winning the 2000 Tour de France, Armstrong holds his son Luke on his shoulders.After winning the 2000 Tour de France, Armstrong holds his son Luke on his shoulders.
Armstrong rides during the 18th stage of the 2001 Tour de France. He won the tour that year for the third consecutive time.Armstrong rides during the 18th stage of the 2001 Tour de France. He won the tour that year for the third consecutive time.
Armstrong celebrates winning the 10th stage of the Tour de France in 2001.Armstrong celebrates winning the 10th stage of the Tour de France in 2001.
After winning the 2001 Tour de France, Armstrong presents President George W. Bush with a U.S. Postal Service yellow jersey and a replica of the bike he used to win the race.After winning the 2001 Tour de France, Armstrong presents President George W. Bush with a U.S. Postal Service yellow jersey and a replica of the bike he used to win the race.
Armstrong celebrates on the podium after winning the Tour de France by 61 seconds in 2003. It was his fifth consecutive win.Armstrong celebrates on the podium after winning the Tour de France by 61 seconds in 2003. It was his fifth consecutive win.
Jay Leno interviews Armstrong on "The Tonight Show" in 2003. Jay Leno interviews Armstrong on "The Tonight Show" in 2003.
After his six consecutive Tour de France win in 2004, Armstrong attends a celebration in his honor in front of the Texas State Capitol in Austin.After his six consecutive Tour de France win in 2004, Armstrong attends a celebration in his honor in front of the Texas State Capitol in Austin.
Armstrong arrives at the 2005 American Music Awards in Los Angeles with his then-fiancee Sheryl Crow. The couple never made it down the aisle, splitting up the following year.Armstrong arrives at the 2005 American Music Awards in Los Angeles with his then-fiancee Sheryl Crow. The couple never made it down the aisle, splitting up the following year.
Armstrong holds up a paper displaying the number seven at the start of the Tour de France in 2005. He went on to win his seventh consecutive victory.Armstrong holds up a paper displaying the number seven at the start of the Tour de France in 2005. He went on to win his seventh consecutive victory.
As a cancer survivor, Armstrong testifies during a Senate hearing in 2008 on Capitol Hill. The hearing focused on finding a cure for cancer in the 21st century.As a cancer survivor, Armstrong testifies during a Senate hearing in 2008 on Capitol Hill. The hearing focused on finding a cure for cancer in the 21st century.
In 2009, Armstrong suffers a broken collarbone after falling during a race in Spain along with more than a dozen other riders.In 2009, Armstrong suffers a broken collarbone after falling during a race in Spain along with more than a dozen other riders.
Young Armstrong fans write messages on the ground using yellow chalk ahead of the 2009 Tour de France. He came in third place that year.Young Armstrong fans write messages on the ground using yellow chalk ahead of the 2009 Tour de France. He came in third place that year.
Armstrong launches the three-day Livestrong Global Cancer Summit in 2009 in Dublin, Ireland. The event was organized by his foundation.Armstrong launches the three-day Livestrong Global Cancer Summit in 2009 in Dublin, Ireland. The event was organized by his foundation.
In May 2010, Armstrong crashes during the Amgen Tour of California and is taken to the hospital. That same day, he denied allegations of doping made by former teammate Floyd Landis.In May 2010, Armstrong crashes during the Amgen Tour of California and is taken to the hospital. That same day, he denied allegations of doping made by former teammate Floyd Landis.
Ahead of what he said would be his last Tour de France, Armstrong gears up for the start of the race in 2010.Ahead of what he said would be his last Tour de France, Armstrong gears up for the start of the race in 2010.
Armstrong finishes 23rd in the 2010 Tour de France. He announced his retirement from the world of professional cycling in February 2011. He said he wants to devote more time to his family and the fight against cancer.Armstrong finishes 23rd in the 2010 Tour de France. He announced his retirement from the world of professional cycling in February 2011. He said he wants to devote more time to his family and the fight against cancer.
Armstrong's son Luke; twin daughters, Isabelle and Grace; and 1-year-old son, Max, stand outside the Radioshack team bus on a rest day during the 2010 Tour de France.Armstrong's son Luke; twin daughters, Isabelle and Grace; and 1-year-old son, Max, stand outside the Radioshack team bus on a rest day during the 2010 Tour de France.
The frame of Armstrong's bike is engraved with the names of his four children at the time and the Spanish word for five, "cinco." His fifth child, Olivia, was born in October 2010.The frame of Armstrong's bike is engraved with the names of his four children at the time and the Spanish word for five, "cinco." His fifth child, Olivia, was born in October 2010.
In February 2012, Armstrong competes in the 70.3 Ironman Triathlon in Panama City. He went on to claim two Half Ironman triathlon titles by June. He got back into the sport after retiring from professional cycling. In February 2012, Armstrong competes in the 70.3 Ironman Triathlon in Panama City. He went on to claim two Half Ironman triathlon titles by June. He got back into the sport after retiring from professional cycling.
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  • "When Judge Sparks speaks, I listen," Armstrong lawyer says
  • Court filings "are not press releases," a judge scolds Armstrong
  • The seven-time Tour de France winner faces doping charges
  • Armstrong says the U.S. Anti-Doping Agency is out to justify its existence by pursuing him

(CNN) -- A federal judge threw out Lance Armstrong's lawsuit against the U.S. Anti-Doping Agency with great force and speed Monday, blasting the seven-time Tour de France champion in a sharply worded ruling.

Armstrong filed the case Monday morning in his hometown of Austin, Texas, in a bid to halt a doping case against him. 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 the USADA.

"This court is not inclined to indulge Armstrong's desire for publicity, self-aggrandizement, or vilification of defendants, by sifting through 80 mostly unnecessary pages in search of the few kernels of factual material relevant to his claims," Sparks wrote. He urged the cyclist to re-file his lawsuit without "any improper argument, rhetoric, or irrelevant material."

"Contrary to Armstrong's apparent belief, pleadings filed in the United States District Courts are not press releases, internet blogs or pieces of investigative journalism," the judge added in a footnote. "All parties, and their lawyers, are expected to comply with the rules of this court, and face potential sanctions if they do not."

In a statement issued late Monday, Armstrong lawyer Tim Herman said he would "conform my conduct precisely" to the judge's order.

"When Judge Sparks speaks, I listen," Herman said. "It doesn't change the legal issues involved or any of the relief that we seek."

Mark Fabiani, another Armstrong attorney, said the suit could be re-filed as early as Tuesday.

The USADA has accused Armstrong of using performance-enhancing drugs. The 40-year-old cyclist, who is now competing in triathlons, had asked the court to file an injunction against the USADA by Saturday, the agency's deadline for Armstrong to either contest the charges or accept sanctions.

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

"Defendants have charged Mr. Armstrong with unspecified doping violations and seek to try him through USADA's self-created, self-regulated and self-operated process that it has rigged to ensure that it cannot lose," the lawsuit says. "USADA's kangaroo court proceeding would violate due process even if USADA had jurisdiction to pursue its charges against Mr. Armstrong."

Lance Armstrong victim of vendetta?
Armstrong suspended from Ironman

In June, the agency announced that it was opening proceedings against Armstrong and five former teammates. In a statement issued in response to the lawsuit, Tygart said the agency "was built by athletes on the principles of fairness and integrity."

"Like previous lawsuits aimed at concealing the truth, this lawsuit is without merit and we are confident the courts will continue to uphold the established rules, which provide full constitutional due process and are designed to protect the rights of clean athletes and the integrity of sport," he said.

The 40-year-old Armstrong has said the Union Cycliste Internationale, the international governing body of cycling, is the "only organization permitted to assess the evidence." He said he has taken at least 500 drug tests in his cycling career without failing one.

Why fans shouldn't forgive Armstrong

Armstrong faces a lifetime ban and could be stripped of his Tour de France victories if found guilty by the 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.

The 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.

The letter accused Armstrong and five former cycling team associates engaged in a doping conspiracy from 1998 to 2011. If there is a hearing, riders will testify that Armstrong used EPO, blood transfusions, testosterone and masking agents, and that he distributed and administered drugs to other cyclists from 1998 to 2005, according to the letter.

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 the 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.

CNN's Nick Valencia contributed to this report.

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