Attorneys for horse trainer Bob Baffert have filed a lawsuit on Tuesday against the Kentucky Derby’s parent company and two others, calling for a judge to overturn his suspension from Churchill Downs Inc. races.
In a press release received by Sports Illustrated’s Pat Forde, the lawsuit names CDI, its CEO William C. Carstanjen and its Board Chair R. Alex Rankin and says CDI and its leaders violated the trainer’s right to due process when Baffert’s colt Medina Spirit tested positive for a banned substance following the Derby. The complaint, filed in the U.S. District Court for the Western District of Kentucky, says the trainer was not given the opportunity to refute CDI’s allegations or allowed to appeal the decision.
“The facts are clear, and Churchill Downs knows them but refuses to acknowledge them,” Bafferts attorney Clark Brewster said in the statement. “Churchill Downs knows the post-race test report occurred as a result of the use of a harmless ointment known as Otomax. They know it was prescribed by Medina Spirit’s treating veterinarian and properly and timely reported to the data bank the day it was dispensed. They know no rule was violated, and the ointment could never have enhanced Medina Spirit’s performance. To maintain otherwise is absurd.
