They're asking that a federal court declare them winners of the Derby.
Maximum Security, right, should be declared the winner of the Kentucky Derby, the horse's owners say in a lawsuit. By Matt Bonesteel Matt Bonesteel Reporter for the Early Lead Email Bio Follow May 15 at 2:30 PM Nearly two weeks after apparent winner Maximum Security was disqualified from the Kentucky Derby for impeding the progress of other horses, his owners have filed a lawsuit in U.S.
“As a result of the disqualification, plaintiffs, the trainer, and the jockey of Maximum Security were denied any part of the $1,860,000 share of the Derby purse as well as a professional accomplishment that any horseman would cherish for life, plus the very substantial value that a Kentucky Derby winner has as a stallion,” the lawsuit reads, adding that the disqualification process was “bizarre and unconstitutional,” that the stewards’ decision was not supported by “substantial evidence on the...
The lawsuit also argues that the stewards’ statement failed to explain “how, or whether” any of the impacted horses would have finished better without the alleged interference, claiming that “after the brief moment of the alleged impact by Maximum Security leaving the ¼ pole, the allegedly impacted horses had a lengthy and unobstructed running path throughout the entire length of the Churchill Downs stretch.
Louisville attorney Bob Heleringer, author of “Equine Regulatory Law,” told the Courier-Journal earlier this month that judges usually defer to stewards and racing commissions because of their specialized expertise on the matter, though the U.S. Supreme Court also has ruled that racetrack employees and licensees have due process rights. The lawsuit filed by Maximum Security’s owners claims that the lack of an appeals process in Kentucky is a violation of those rights.
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