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Home / News / Dutrow Files Federal Lawsuit

Dutrow Files Federal Lawsuit

  • bloodhorse.com
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  • February 27, 2013 12:51 AM

Suspended trainer Rick Dutrow Jr. has filed a federal lawsuit that argues the Association of Racing Commissioners overstepped its bounds when it sent a letter to New York regulators encouraging them to review his racing license.

Dutrow, who began serving a 10-year suspension Jan. 17, is suing the New York State Gaming Commission (successor of the New York State Racing and Wagering Board); RCI; John Sabini, who had served as chairman of the NYSRWB and RCI (as well as other RCI roles); NYSRWB members Daniel Hogan and Charles Diamond; and two unknown persons.

Filed Feb. 25 in U.S. District Court, Eastern District of New York, Dutrow's case centers on a February 2011 letter sent from RCI president Ed Martin to the NYSRWB encouraging the board to review Dutrow's license because of 64 rule violations in nine different states. The NYSRWB would eventually suspend Dutrow's license for 10 years.



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Richard E. Dutrow Jr.

What the Nation is saying about Dutrow Files Federal Lawsuit...

the first time they get agressive, there always are complaint. The sport is best rid of him.
Ironically in Pena's case he may get his license back, but be unable to race as tracks like Yonkers etc.( where most of issues occurred) are privately owned and could bar him from racing.
Mary. I did read the linked article. What he is claiming is bias to overturn the original ruling. This is similar to what claimed to get into state court from the administrative agency's decision. Further he also used the allegation of bias that denied him his rights under equal protection clause of both the State and Federal constitutions. The argument is similar to what he has already argued. If you knew a bit about Lou Pena's case, it looks like the same argument that the court bought in Pena's case. But as I stated before Pena's case is factually different as their was not a paper trail of violations with him.
@likin sparks-have a little sympathy for the reindeer! :)
As to how far back a violation goes, depends on the rules and regulations that are part of the Agency involved. In legal circles, all infractions remain on your record. There isn't what you might call a Statue of limitations. The same may apply here.
Mary. The Boards may well have given him warnings as several states were involved in the violations and his behavior continued. I don't know all of the evidence that was presented but what may well have gotten him was a pattern of behavior and he ignored warnings etc. and paper violations are usually sufficient to warrant further disciplinary action. I can give you an example when a lawyer is disciplined by the legal disciplinary board in a state. First they get a warning if found in violation in a quasi legal proceeding. If the behavior continues, then more action is taken which can result suspension of a law license to outright disbarment.
Read the linked Bloodhorse article for more information as to why this latest lawsuit was filed.
I don't feel badly for anyone, in this case. Make it fair. Make it stick.
No idea why that's addressed to me, goblin.
Mary Z., It is up to the respective boards involved to decide when action is taken and to what degree. As Buckpasser points out, state boards have to break their own rules before their decisions are questioned legally. I feel badly for Dutrow, but he has brought much of this on himself.
Then don't let it build up to that number of violations before a suspension, fines, other punishment sticks. How far back do the Dutrow violations for which he was given 10 years suspension go? Another note: When I do make those "cute" comments, for which I see "like" was received, I really do send the person a message stating the same.
Mary Z., One problem for Dutrow seems to me to be that it has been so difficult for racing officials to "get his attention" in order for changes to be made in the way he does things. Even if paperwork violations were his only infractions, there are professions in which licenses are suspended or revoked every day for omissions/errors in paperwork. My question had to do with his due process rights.
One legal point: when you deal with an administrative board's findings, the court grants enormous deference to the administrative decision and would only overturn if the board did not follow their own rules (the cross all the T's and dot all the i's issue) or if the decision is biased, arbitrary or capricious which actually a hard standard to prove.
As to the shark comment, I agree it was a bit overboard, but then I doubt the sharks would eat him out of professional courtesy.
Mary Z. I am not going to slap you. You raise legitimate points. However, from an administrative boards point of view, how many paper or other violations does one need to suspend: one, ten, fifty etc. his personality may have entered into it as he, in my opinion, gave the board in NY and the other states in which he had violations the middle finger. If a board cannot discipline someone in the sport who has numerous violations, then what good are they? And how do you then go about ensuring the racing product is sound? The board suspended him ten years, if the Feds took over the enforcement, he could have a lifetime suspension and fines and possible jail time.
Lol, Buck I was being nice to the suggestion of reindeer but like your idea much better. ;-)
I purposely stay off of these Dutrow threads because my point is never taken as I intend it which, I'll try again here, but I know I may as well invite those who misunderstand what I'm saying to just come slap me. Does the punishment fit the crime? Does everyone understand the number of "paperwork" infractions that are included in Dutrow's record? How much did his personality weigh into the decisions made in his punishment? Is the 10 years excessive? Is he being made an example, in order to deter others from drug violations? It it acceptable to say, the other suspensions didn't stick, so now we are doing this, 10 years? The personal punishment offered up here in these comments was, I agree, "overboard". I'll await my slap. I'm sure it will be as though I stuck a cocaine needle into Secretariat's jugular myself.
Thanks, Buckpasser. I thought he had pretty much exhausted his legal avenues.
Likin. I am not sure I would subject reindeer to him. Personally I think tossing him out to sea in Australia or New Zealand with a load chum to attract the sharks would be the way to go.
Of course I could be wrong and he is claiming something different in this case, but it doesn't appear so.
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