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.