While serving his suspension, he lost his starting job to Carl Nicks. In 2010, Nesbit sued the NFL, claiming that they knew that bumetanide was in StarCaps, but they did not notify any of the players.
During his time off due to a suspension, Nesbit's regular playing spot was taken by Carl Nicks. In 2010, Nesbit filed a lawsuit against the NFL claiming they knew about bumetanide in StarCaps but did not inform the players.