LOUISVILLE, Ky. — Gary and Mary West are suing the Kentucky Horse Racing Commission to restore Maximum Security's win in the 145th Kentucky Derby.
According to the lawsuit, the Wests said the process that disqualified their horse was "bizarre" and "unconstitutional," saying the stewards abused their discretion and used unsubstantial evidence to overturn the win.
Maximum Security was disqualified after the jockey aboard Long Range Toddy objected against the Derby winner, saying it interfered with his horse after interfering with the progress of War of Will in the final turn of the race.
The disqualification pushed Maximum Security to 17th place, with steward declaring second place finisher Country House the winner.
Stewards said the decision to disqualify Maximum Security was unanimous after seeing the horse interfere with War of Will and subsequently affect Bodexpress and Long Range Toddy.
In their lawsuit, the Wests said the stewards did not inform the public of any inquiry they observed during the race before an objection, and neither the jockey nor the trainer of War of Will lodged any objection.
The Wests also said the stewards statement that they "interviewed affected riders" was incorrect because neither the jockey of War of Will or the jockey of Bodexpress was interviewed.
After their appeal was denied, the Wests also claimed the court's decision was "arbitrary" and "in violation of constitutional or statutory provisions."
The Wests asked to have the decision reversed to "the original order of finish," with Maximum Security obtaining the $1.86 million winner's share.