02/26/2013 10:13PM

Richard Dutrow Jr. sues in federal court to overturn ban and collect damages

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Barbara D. Livingston
Richard Dutrow Jr. last November before exhausting his appeals in state court to a 10-year suspension.

Suspended trainer Richard Dutrow Jr. filed a lawsuit in federal court Monday seeking damages in the amount of $10 million as well as an injunction that would lift the New York racing regulatory body’s 10-year ban of his license.

The suit, filed in the Eastern District of New York, names as defendants the New York State Gaming Commission - formerly the New York State Racing and Wagering Board - as well as individual racing board members John Sabini, Daniel Hogan, and Charles Diamond and the Association of Racing Commissioners International.

The suit contends that Dutrow “has been substantially and irreparably harmed” by the board’s 10-year suspension - “which effectively acts as a lifetime ban” - and $50,000 fine.

The suit contends that Dutrow was denied due process by Sabini, who was serving as an officer of both the ARCI and the state racing board when the proceedings against Dutrow were initiated. In Ferburary 2011, the ARCI sent a letter to the state racing board asking it to review Dutrow’s fitness to continue to train horses.

“The defendants in the action deprived Dutrow of due process under the law and engaged in wrongful and malicious actions against him,” said Mitchell Elman, who along with Steven Hyman filed the case in federal court on Dutrow’s behalf.

Dutrow, 53, began serving the 10-year suspension on Jan. 17 after a New York Court of Appeals declined for a second time to hear his case. From Oct. 2011 - when the state racing board issued its penalty - through last Jan. 17, Dutrow had been training under a stay afforded him in state court.

In the second of three claims for relief, the suit asks the federal court to grant “a mandatory injunction” to vacate the suspension and allow Dutrow to train again.

It is unclear when the case will be heard. The judge assigned the case is Sandra Townes.

The state racing board sought the revocation of Dutrow’s license for a history of rules violations that most recently included a positive test for Butorphanol, a painkiller, found in one of the horses he trained who won at Aqueduct in November 2010. Around that same time, three syringes loaded with a prohibited substance were found in the desk drawer of his Aqueduct office.

 

 

 

Quite A Dude More than 1 year ago
Any follow up to this suit? It was filed well over a year ago and not one story about the suit since.
Vince More than 1 year ago
1) Horses NEVER ran on "hay and oats" 2) Eliminate drugs and imagine how small the fields become 3) Why not allow all drug use but 100% disclosure of everything used and let the marketplace wean the biggest abusers out. 4)Almost all of Dutrow's violations were for excess dosage of allowable drugs 5)The "cheating" stops when the big money people give their horses to the trainers that produce at 10% and don't cheat. Someone write Mike Repole and tell him he should give his horses to Peter Chin 6) This is a money game ...a game about winning , it is VERY expensive to buy and train a thoroughbred....so all you whiners who want to end cheating , pool your money , claim a horse for 10K and give it to one of the many 5% or less trainers....Then see how like paying 3 k per month to lose and lose and lose
avlamal More than 1 year ago
good 4 him the nazi peoples court railroad job on this guy he will win
Rodney Page More than 1 year ago
Could not have happened to a nicer guy.
alan agneta More than 1 year ago
jail,jail jail,JAIL!!!! put him away! NOW!!!!please rick stop, ur guilty as sin. how much was your biggest score on one of your drugged up poor horses, your sick man!!!
Vince More than 1 year ago
Jail...you're comical......what's the crime..trying to win?
William Eisele More than 1 year ago
where are the clowns.....send in the clowns
Mary Adkins-Matthews More than 1 year ago
Rick has made people hate him.. he deserves that for sure... as far as his guilt.. they would need to shut the racing industry down completely if everyone doing what he was guilty of was to be held accountable. Change is definitely needed in this industry and the athletes in this sport should be protected .. the protection can not be left up to the owners and trainers.. the protection MUST be enforced by the industry itself
David Courtland More than 1 year ago
His chances of getting an injunction are slim -- his attorney will have to convince a judge that he's been given a bad rap and can prevail on the merits of his case. But it's unlikely a judge will think someone with his lengthy record of penalties will be able to prevail.
Infinity More than 1 year ago
What a horrible job on Big Brown on Belmont Day.....Dersomox strangled the poor horse on the first turn....
Andrew Montez More than 1 year ago
Just look at him. He has cheater written all over his grinning face. Sorry dude you've been busted red handed too many times to have any credibility in court. They should just ban your @#$ from racing for good.
John Bowers More than 1 year ago
I have been a Horseman for over forty years. I am from Md. and knew his father. I am not a friend of Dutrow's so this comment is unbiased. There are active trainers with many more infractions then Dutrow's like Scott Lake for example and there are many that did not get caught. Trainers like Baffert. Pletcher, and a dozen other top trainers that won some of the countries biggest races using the "Lance Armstrong" program on horses before a test could be found to detect the drugs. Racing stewards and officials in almost every state knew what was going on and did not act for fear of bad publicity or court action. If Dutrow is to go so should the rest.
Horse Cents More than 1 year ago
I am not a Dutrow fan and in fact don't like the guy but for different reasons. But, I couldn't agree more with you, feel the same, and that was very very well said.
Chad Wilson More than 1 year ago
Lance Armstrong approach. that's funny. It gets funny how everyone that is successful is cheating. I agree Dutrow should go, as should Biancone. Beyond that, until you can prove it, save the conspiracy theories for Hollywood please
Vince More than 1 year ago
Biancone is a 10% trainer