Lawsuit Demands Reinstatement Of Maximum Security As Kentucky Derby Winner

Maximum Security owners Gary and Mary West have filed a lawsuit against the Kentucky Horse Racing Commission and its many members. They claim that there was not enough evidence to disqualify their horse in the Kentucky Derby, and that they were subjected to a “bizarre and unconstitutional process” before and after the disqualification.

The remedy that they request is reinstatement of Maximum Security as the winner of the Kentucky Derby. They are asking for said relief based on alleged violations of their Due Process Rights under Section 1 of the Fourteenth Amendment to the U.S. Constitution.

The stakes were high.

Maximum Security’s win, absent disqualification, would have provided the plaintiffs a payout of $1.86 million from the Kentucky Derby purse and, more importantly, substantial future value from breeding rights.

A statement was read to the general public as soon as it was determined that Maximum Security was disqualified. The plaintiffs restated it within their Complaint and highlighted their reasoning as to why it does not have the requisite evidentiary support to withstand their current challenge.

The Stewards’ statement is not supported by substantial evidence because, inter alia, it (a) does not cite to the rules governing fouls on which they relied; (b) fails to satisfy the essential elements under the rules governing fouls that need to be met as a precondition to a disqualification; (c) is materially false and misleading because the Stewards failed to disclose that they did not interview Tyler Gaffalione, the “affected” rider of War of Will, nor Chris Landeros, the “affected” rider of Bodexpress, and affirmatively misrepresented that they had “interviewed affected riders”; (d) fails to explain how, or whether, they had concluded that the order of finish of the Derby had been altered; and (e) fails to explain how, or whether, War of Will, Long Range Toddy, or Bodexpress would have had a better placement in the final order of finish but for the alleged impact by Maximum Security.

Gary and Mary West v. Kentucky Horse Racing Commission, et al.

The lawsuit was filed after the plaintiffs lost an appeal of the disqualification in front of the Kentucky Horse Racing Commission. The plaintiffs were allegedly told by the Commission, within a few hours after submitting the appeal, that the law does not provide for an appeal.