Dutrow claims $10m in bid to overturn ban
USA: Banned trainer Rick Dutrow has acted to retrieve his licence by filing a lawsuit in federal court on Monday in New York seeking an injunction to lift his ten-year suspension.
Rick Dutrow: serving ten-year banPICTURE: Getty Images
According to the Daily Racing Form, Dutrow is also seeking $10 million in damages in the suit, filed in the Eastern District of New York naming the New York State Gaming Commission (formerly New York State Racing and Wagering Board) as defendants.
Dutrow's suit, which also names individual board members, claims he has been "has been substantially and irreparably harmed" by the board's ten-year suspension - "which effectively acts as a lifetime ban" - and $50,000 fine.
The Form also reports that Mitchell Elman, who filed the case on Dutrow's behalf, said: "The defendants in the action deprived Dutrow of due process under the law and engaged in wrongful and malicious actions against him."
Dutrow, 53, was banned as a result of a history of rules violations, including his two most recent transgressions: a positive test for Butorphanol, a painkiller, after a winner at Aqueduct in November 2010 and the discovery of three syringes loaded with a prohibited substance in his barn office.
He denies any wrongdoing, and finally began serving his ban - in effect, a warning off - on January 17 when a New York Court of Appeals refused his case. Although he had been banned initially in October 2011, he had carried on training from his Aqueduct base under a stay of proceedings in a state court.
According to the Form, the suit asks the federal court to grant "a mandatory injunction" to vacate the suspension and allow Dutrow to train again.