LOUISVILLE, Ky. (WDRB) -- With Kentucky Derby 146 just days away, a federal court has upheld the decision that made Country House the 2019 winner of the race.
The decision by the Sixth Circuit U.S. Court of Appeals affirms a U.S. District Court decision to dismiss a lawsuit by Gary and Mary West, who own Maximum Security. Their horse crossed the finish line first at Churchill Downs but was disqualified for misconduct during the race, which made Country House the winner.
In Nov. 2019, federal Judge Karen Caldwell dismissed the suit by the Wests in seeking to challenge the decision to disqualify their horse. They sued the Kentucky Horse Racing Commission, its executive director, members and stewards immediately after the race in May 2019.
The Wests pushed to reverse the racing stewards' decision, claiming it violated the couple's rights to due process. They also wanted to have the $3 million Derby purse be redistributed to them, jockey Luis Saez and trainer Jason Servis.
Judge Caldwell said Kentucky regulations state that the stewards' decision in determining fouls and disqualifications of horses "is final and not subject to appeal."
The Churchill Downs stewards determined after a race review that Maximum Security had drifted out and interfered with several other horses' progress. Country House, who finished second, was declared the winner.
It is not immediately known whether the Wests will continue the legal challenge.
The pandemic-delayed 2020 Kentucky Derby is scheduled to be run on Saturday, Sept. 5.
Related stories:
- Judge dismisses suit by owners of Derby DQ Maximum Security
- Owners ask for summary judgment making Maximum Security the Derby winner
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