LOUISVILLE, Ky. — A federal judge has dismissed a lawsuit by the owners of Maximum Security seeking to challenge the decision to disqualify their horse as the winner of the Kentucky Derby.
Owners Gary and Mary West wanted the U.S. District Court in the Eastern District of Kentucky to reverse the stewards’ decision and find that their decision violated the couple’s constitutional 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.
However, Judge Karen Caldwell issued an opinion Friday in which she said “Kentucky’s regulations make clear that the disqualification is not subject to judicial review. Further, the disqualification procedure does not implicate an interest protected under the Due Process Clause of the U.S. Constitution.”
Caldwell said Kentucky regulations state that the stewards’ decision in determining fouls and disqualifications of horses “is final and not subject to appeal.”
The Wests filed the lawsuit against the Kentucky Horse Racing Commission and its executive director, members and stewards in May, after Maximum Security was the first horse across the finish line in the 145th Derby but was later DQ’d.
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 wasn’t immediately known whether the Wests would appeal.
LOUISVILLE, Ky. – A total of 369 3-year-olds were made eligible to compete in this year’s Triple Crown series during the early nomination period.
Each of the horses was nominated through a $600 payment to compete in the Kentucky Derby, Preakness and Belmont stakes. The Triple Crown opens May 6 with the Derby.
The number of nominated horses increased by 57 from last year’s total of 312. They include a record 37 horses based in Japan.
Among the notable horses is Forte, last year’s 2-year-old champion trained by Todd Pletcher.
Also among the predominantly male horses nominated was a filly named Hoosier Philly.
Brad Cox led all trainers with 38 horses nominated to the series. Pletcher was second with 36 horses, followed by Steve Asmussen and Ken McPeek with 13 each. Chad Brown and Hideyuki Mori had 12 each.
Others nominated include Arabian Knight, Cave Rock and Newgate, all trained by Bob Baffert. He is currently banned by Churchill Downs Inc. through this year’s Derby, although Baffert is challenging his two-year punishment in federal court.
For the Derby, horses under the care of any suspended trainer may be transferred to another trainer and become eligible to earn Derby qualifying points as long as the transfer is done by Feb. 28.
Last year, Baffert transferred two horses to another trainer and both ran in the Derby, although neither was highly placed.
Horses that were not nominated to the Triple Crown series by the early deadline of Jan. 28 can make a late payment of $6,000 through March 27 to become eligible.
ARCADIA, Calif. — Newgate won the $200,000 Robert B. Lewis Stakes by a neck, with Bob Baffert as the trainer of all four horses in the Kentucky Derby prep race at Santa Anita.
Ridden by Frankie Dettori, Newgate ran 1 1/16 miles in 1:43.11 and paid $4 and $2.60 as the even-money favorite. There was no show wagering because of the field size.
Hard to Figure returned $5.20 at 12-1 odds. Worcester was another 1 3/4 lengths back in third. Arabian Lion was fourth.
“So much improvement in all these horses,” Baffert said. “I was actually nervous before the race, worried that something weird might happen, but I can relax now.”
The Lewis was a Kentucky Derby prep race, but no points were awarded because Baffert has been banned for two years by Churchill Downs Inc. The Hall of Fame trainer was in Louisville to testify in federal court as he seeks a temporary injunction to end the suspension, which runs through the end of the upcoming spring meet. It was meted out following a failed drug test by Medina Spirit after the colt finished first in the 2021 Kentucky Derby.
Newgate earned his first graded stakes victory. The colt was second, beaten by a neck in the Sham Stakes last month in his previous start.
“Frankie Dettori has been teaching him how to just sit back, relax and come with a punch and that’s what he did today,” Baffert said.
The victory, worth $120,000, increased Newgate’s career earnings to $241,975, with two wins in six starts.