Maximum Security owners sue to have Kentucky Derby demotion overturned

Owner Gary West is seeking to have the disqualification of Maximum Security in the Kentucky Derby overturned through a lawsuit filed on Tuesday with the US District Court for the Eastern District of Kentucky, Lexington Division, according to a media statement issued on Wednesday.

The Kentucky Horse Racing Commission (KHRC), the commission's staff, and the stewards at Churchill Downs – Kentucky chief steward Barbara Borden, Brooks 'Butch' Becraft and association steward Tyler Picklesimer – are named as defendants in the lawsuit that refers to the disqualification of Maximum Security from first to 17th as a "bizarre and unconstitutional process".

The suit further states: "The insubstantiality of the evidence relied on by the stewards to disqualify Maximum Security, and the bizarre and unconstitutional process to which the plaintiffs were subjected before and after the disqualification, are the subjects of this action."

Other key points raised in the lawsuit are as follows:

Either during the running of the Derby or after, the stewards could have directed a sign be flashed on the infield board informing the public that an inquiry was being conducted by them to determine whether a foul had been committed. Having not observed any foul or interference, there was no inquiry by the stewards.

According to the lawsuit, an objection was first lodged by Flavien Prat, the jockey on Country House, who was declared the winner after the disqualification. Prat's objection was disallowed as "meritless". An objection was also lodged by Jon Court, the rider of Long Range Toddy, who finished 17th, and Court's objection was allowed.

The statement issued by the stewards after the disqualification, according to the lawsuit, said: "We interviewed affected riders" and "determined" that Maximum Security had "drifted out and impacted the progress of Number 1 (War Of Will), in turn interfering with the 18 (Long Range Toddy) and 21 (Bodexpress)."

West's lawsuit notes the stewards said nothing about whether the alleged foul altered the finish of the Derby or otherwise caused any horse to have been denied a better placement in the order of finish. Bodexpress finished 14th, and neither Tyler Gaffalione (the rider of War Of Will) nor War Of Will's connections - nor Bodexpress' connections and jockey Chris Landeros - lodged any objection with the stewards.

According to the lawsuit, neither Gaffalione, the rider of the horse the stewards said was the most "affected" by Maximum Security, nor Landeros were interviewed by the stewards.

"When the stewards said in their statement that they 'interviewed affected riders', they were not truthful because neither Gaffalione nor Landeros was interviewed by the stewards," the lawsuit states.

West filed the lawsuit after pursuing an appeal with the KHRC and having that request denied because state law does not allow for appeals. All stewards' findings are considered final.

"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," according to the Wests' statement. "The winner's share of the Derby purse was paid to the connections of Country House, even though Prat's objection was meritless, indeed frivolous. Country House's connections received approximately $1.26 million more for being elevated to first than they would have received for second."

Seeking redress from a violation of due process rights, the lawsuit requests "a reversal of the decision disqualifying Maximum Security and reinstatement of the original order of finish confirming that Maximum Security is the official winner of the Derby who remains undefeated".

The lawsuit also notes the disqualification of Maximum Security affected wagers estimated to be worth more than $100 million in winnings. Within a couple hours after the Derby, the TwinSpires.com online wagering platform and other Churchill Downs-related companies announced they would reimburse winning wagers on Maximum Security.

"Which can be viewed as an admission that Churchill itself disagreed with the stewards' decision," the Wests' statement read. "Those bettors who did not wager through Churchill-related companies were left with no financial recourse, notwithstanding that Churchill received significant revenue from all of the outlets to whom they sent their signal."

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