LOUISVILLE, Ky. (WDRB) – Gary and Mary West, owners of disqualified Kentucky Derby first-place finisher Maximum Security, have asked a federal judge in Frankfort for a summary judgment that would make the colt who crossed the finish line first the official winner of the Kentucky Derby.
The motion, filed in the Eastern District of Kentucky on Friday, includes some previously unseen notes and documents from the stewards who disqualified Maximum Security for impeding the race progress of other horses at the 5/16 pole in the Derby, but sheds little new light on the 22-minute process of disqualification.
It argues that stewards did not make a finding that Maximum Security’s alleged interference altered the finish of the Derby. It also maintains that as the horse with the lead, Maximum Security had a right to the entire race track, and that stewards failed to consider that. The motion also argues that stewards didn’t consider the option not to disqualify Maximum Security, and that by failing in those areas, as well as in failing to post the inquiry sign, the stewards didn’t follow the guidelines set out for them, thereby making their ruling invalid.
The Wests are asking for a summary judgment because Kentucky Horse Racing Commission rules do not allow for further fact-finding where the race is concerned.
The filing is a fairly standard tactic for a plaintiff, usually followed by a defense filing for a summary dismissal. In the absence of either, more hearings will proceed.
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