Wests Sue to Have Derby Disqualification Overturned
The lawsuit filed May 14 claims a violation of due process
Written by Eric Mitchell
Gary and Mary West are seeking to have the disqualification of Maximum Security in the 145th Kentucky Derby Presented by Woodford Reserve (G1) overturned through a lawsuit filed May 14 with the U.S. District Court for the Eastern District of Kentucky, Lexington Division, according to a media statement issued May 15 by the Wests.
The Kentucky Horse Racing Commission, 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 insubstantuality 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," the media statement attributes to the lawsuit.
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)."
The Wests' 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 most "affected" by Maximum Security, nor Landeros were interviewed by the stewards..
"When the stewrads 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.
The Wests filed the lawsuit after pursuing an appeal with the Kentucky Horse Racing Commission and having that request denied because the 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 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."
The Wests said they are not involved in any potential class action among bettors and no further comment from the West team will be made on that issue, although they expressed empathy for those people who lost approximately $100 million on their wagers because of the stewards' actions.
***** End of The Bloodhorse article *****
I am still gob-smacked by the stewards' decision to suspend Luis Saez's riding privileges for 15 days because of his ride on Maximum Security in the Derby.
The day before his hearing with the stewards - the same three who disqualified Maximum Security, the lawyer for Luis supplied them with a video of the race, which showed slow motion and isolation views of Maximum Security during his alleged interference. This video clearly shows that War of Will's jockey Tyler Gaffalione tried to split horses - trying to make an opening where there was none - and ran up onto and into the hindquarters of Maximum Security, causing him to (finally) move away from the rail after being struck with hooves and knees. The next to last strike was, essentially, a knee to the groin. That caused the colt to swerve out, which Luis Saez attributed to crowd noise, not realizing that War of Will was running on top of his mounts' heels. The stewards apparently did not look at the video - or, if they did, they decided to keep ins step with their original call on the first Saturday of May. They ought to be ashamed of themselves.
If you have not seen the video, which is about 6 minutes long, please visit the newspaper article at https://www.kentucky.com/latest-news/article230280214.html?fbclid=IwAR0KjMVNPVX1JZ-rR_AYOoVF0zBU__yEIzVW37u7CMPQmG4ua7Z9PaS5-nY and watch the video embedded at the top. I know I'd always want attorney Anna Oldfather on MY side......
In the meantime, Maximum Security is housed at Monmouth Park in New Jersey, and is training for the Haskell Invitational. He and his connections welcome visitors at the barn.....
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