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Bolt D'Oro owner-trainer files lawsuit over 2018 Santa Anita Derby result

Justify winning the Santa Anita Derby
Justify: tested positive for scopolamine after winning the Santa Anita DerbyCredit: Benoit Photo

Mick Ruis, who owned and trained 2018 Santa Anita Derby runner-up Bolt D'Oro, has filed a lawsuit against the California Horse Racing Board (CHRB) over the decision not to take action after its lab determined race winner Justify had failed a post-race drug test.

The suit claims the CHRB failed to follow through on its regulatory duties when no action was taken against Justify after the lab found he had tested positive for scopolamine, which is used to treat mild colic and spasms but also can result from eating jimson weed. Justify went on to win the 2018 Triple Crown.

Bolt D'Oro: finished second to Justify in the Santa Anita Derby
Bolt D'Oro: finished second to Justify in the Santa Anita DerbyCredit: Benoit Photo

On Monday, Ruis filed a petition for writ of mandate and damages, and court filings said: "This lawsuit is about the CHRB cover up, which violated its mandatory statutory duty to follow the law and abrogated Ruis’ constitutional, statutory and regulatory rights.

"CHRB's malfeasance was the proximate cause of Ruis’ damages including, without limitation, the loss of purse caused by the CHRB's failing to disqualify Justify and redistribute the purse for the positive test result."

Ruis said on Monday evening that he was treated unfairly by the board and he was moving forward with litigation on behalf of the "little guy".

"I just hope this case helps us get to the bottom of this," Ruis said. "Everyone has to be treated equally and there was a double-standard here."

CHRB equine medical director Rick Arthur has previously said that he determined the failed test was a result of environmental contamination and that he and CHRB executive director Rick Baedeker recommended the board not call a positive. He said CHRB rules allow such action.

Ruis’ Bolt d'Oro finished second to Justify in the Santa Anita Derby and received $200,000 for that finish, $400,000 less than the winner.

A CHRB spokesperson said on Monday evening that the regulator had no comment on the filing of the litigation.


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