FRANKFORT, Ky. (LEX 18) — The owners of Maximum Security, the Thoroughbred disqualified after allegedly causing a contact foul during the Kentucky Derby, have filed a federal lawsuit seeking to overturn the historic decision and have their horse named the race’s winner.
The lawsuit was filed Tuesday in U.S. District Court in the Eastern Division of Kentucky. It names as defendants the Kentucky Horse Racing Commission, its individual members and the racing stewards who made the decision.
The lawsuit calls the decision by stewards to disqualify the 3-year-old colt, which crossed the finish line first during the May 4 race, a “bizarre and unconstitutional process” that relied on unsubstantiated evidence.
The decision led to the Country House, which crossed the finish line second, being named winner of the Kentucky Derby.
Maximum Security’s owners, Gary and May West, are seeking to have the disqualification vacated and their horse named the official winner of the 145th Kentucky Derby. In addition, the lawsuit seeks monetary damages.