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Maximum Security owners sue Derby to reverse DQ

Luis Saez aboard Maximum Security (7) , Chris Landeros aboard Bodexpress (21) and Jon Court aboard Long Range Toddy (18) race during the 145th running of the Kentucky Derby at Churchill Downs on Saturday, May 4. Mark Zerof / USA TODAY Sports

The owners of Maximum Security, the horse that finished first in the Kentucky Derby before a post-race disqualification earlier this month, filed a federal lawsuit Tuesday seeking a reversal of the decision.

Gary and Mary West named the Kentucky Horse Racing Commission, its members, staff and stewards -- who decided on the disqualification -- in the lawsuit, which was filed in U.S. District Court in Frankfort, Ky.

Calling the decision "bizarre and unconstitutional," the suit seeks to restore Maximum Security as the race's winner and redistribute the $1.86 million share of winnings to the Wests, jockey Luis Saez and trainer John Servis. The victory and winner's share went to longshot Country House, the horse that finished second, after Maximum Security's disqualification.

The suit also argues the Wests were denied due process rights when their intent to appeal -- filed on May 6, two days after the race -- was denied by the racing commission.

According to multiple media outlets, Kentucky Horse Racing Commission spokeswoman Susan West declined comment on the lawsuit.

On Monday, Saez was suspended 15 racing days by the racing commission for "failure to control his mount and make the proper effort to maintain a straight course thereby causing interference with several rivals that resulted in the disqualification of his mount." He is expected to appeal the decision.

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