Maximum Security's owners file suit over 'unconstitutional' Kentucky Derby DQ

The owners of disqualified Kentucky Derby winner Maximum Security have officially filed a lawsuit challenging the legality of the horse’s disqualification.

Per the Louisville Courier Journal, the suit was filed in a United States District Court in Frankfort, Kentucky, on Tuesday. In it, Gary and Mary West want the horse to be declared the winner of the Derby. They also, perhaps more importantly, want the horse to receive the winner’s share of the Kentucky Derby purse.

The Wests say in the suit that Maximum Security’s disqualification was “unconstitutional.” From the Courier Journal:

Among the defendants are the stewards who made the decision, including chief steward Barbara Borden, as well as several members of the Kentucky Horse Race Commission, including executive director Marc Guilfoil.

Susan West, the Horse Racing Commission spokeswoman, declined to comment on the lawsuit, citing the organization's policy to not comment on pending litigation.

Country House was declared the winner of the Derby after finishing second to Maximum Security, who was disqualified for veering wide and interfering with other horses earlier in the race. Maximum Security officially finished 17th.

Maximum Security jockey Luis Saez has also been suspended 15 days for failing to control the horse because of Maximum Security’s veer to the right in the turn.

The lawsuit, on the off-chance it’s successful on the grounds it violated the United States Constitution, would not restore Maximum Security’s chance at a Triple Crown. The horse isn’t running in Saturday’s Preakness Stakes.

The suit is also a last-ditch effort to get the horse declared as the rightful winner of the Kentucky Derby. The Wests appealed the disqualification decision immediately after the Derby to the Kentucky Horse Racing Commission and the appeal was denied. The disqualification was a unanimous decision by the race’s three stewards.

13 PHOTOS
145th running of the Kentucky Derby
See Gallery
145th running of the Kentucky Derby
LOUISVILLE, KY - MAY 04: Riders cross the finish line at the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Maximum Security ridden by jockey Luis Saez trots after the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Jockey Luis Saez of Maximum Security (7) reacts after the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Riders Bodexpress (21) ridden by Chris Landeros, Long Range Toddy (18) ridden by Jon Court and Maximum Security (7) ridden by Luis Saez battle for the lead early during the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Riders Bodexpress (21) ridden by Chris Landeros, Long Range Toddy (18) ridden by Jon Court and Maximum Security (7) ridden by Luis Saez battle for an early lead during the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Bodexpress ridden by Chris Landeros trots during the poll parade at the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Long Range Toddy ridden by Jon Court trots during the poll parade at the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Spinoff ridden by Manny Franco trots during the poll parade at the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
LOUISVILLE, KY - MAY 04: Cutting Humor ridden by Mike Smith trots during the poll parade at the 145th running of the Kentucky Derby at Churchill Downs on May 4th, 2019 in Louisville, Kentucky. (Photo by Ian Johnson/Icon Sportswire via Getty Images)
Maximum Security is walked off the track after being disqualified for the 145th running of the Kentucky Derby horse race at Churchill Downs Saturday, May 4, 2019, in Louisville, Ky. (AP Photo/Charlie Riedel)
Flavien Prat rides Country House to the finish line during the 145th running of the Kentucky Derby horse race at Churchill Downs Saturday, May 4, 2019, in Louisville, Ky. Country House was declared the winner after Maximum Security was disqualified following a review by race stewards. (AP Photo/Matt Slocum)
A woman arrives at Churchill Downs Saturday, May 4, 2019, before the 145th running of the Kentucky Derby horse race in Louisville, Ky. (AP Photo/Charlie Riedel)
Jockey Flavien Prat reacts learning he won the 145th running of the Kentucky Derby horse race when Maximum Security was disqualified at Churchill Downs Saturday, May 4, 2019, in Louisville, Ky. (AP Photo/Greg Payan)
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

– – – – – – –

Nick Bromberg is a writer for Yahoo Sports.

More from Yahoo Sports:

Read Full Story

Sign up for Breaking News by AOL to get the latest breaking news alerts and updates delivered straight to your inbox.

Subscribe to our other newsletters

Emails may offer personalized content or ads. Learn more. You may unsubscribe any time.