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LOUISVILLE, Ky. (AP) — The owners of Maximum Security say they will appeal a federal judge’s dismissal of their lawsuit that seeks to challenge the decision to disqualify their horse as winner of the Kentucky Derby.
Gary West said in a statement Monday that he has authorized his attorneys to file an appeal. West and his wife, Mary, who live in Southern California, own the horse.
U.S. District Judge Karen Caldwell issued a ruling 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.”
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