The New York Racing Association (NYRA) Wednesday added to an already daunting compilation of court documentation filed by both parties in an attempt to bolster its arguments in advance of a Jan. 6 “motion to dismiss” hearing in Bob Baffert's civil rights lawsuit against NYRA.
The purpose of the Dec. 22 reply memorandum was to give NYRA “the opportunity to briefly address new arguments raised by Plaintiff in his opposition brief” and to confirm NYRA's position in relation to Baffert's civil action claim.
“First, Plaintiff fails to articulate an actionable 'substantive due process' claim,” the filing in United States District Court (Eastern District of New York) stated. “Instead, Plaintiff's Response simply repeats his procedural due process allegations and fails to point to any facts showing that NYRA's actions in connection with the Administrative Proceeding are 'arbitrary, conscience-shocking, or oppressive in a constitutional sense…'
“Second, Plaintiff's argument that he is not required to exhaust administrative remedies is foreclosed by controlling precedent. The Second Circuit has held that, although most [Section] 1983 [civil rights] plaintiffs are not subject to an exhaustion requirement, that rule 'does not apply to procedural due process challenges if the plaintiff failed to avail himself of the very administrative procedures he attacks as inadequate'…
“Third, like other disciplinary proceedings brought against licensees, the Administrative Proceeding is clearly a civil enforcement proceeding requiring Younger abstention [a doctrine that mandates federal courts must not hear cases involving federal issues already being litigated at the state level]… Moreover, contrary to Plaintiff's argument, the Court has already recognized that the state interests implicated here are 'weighty' and 'important.'”
“Finally, Plaintiff's argument that his claim implicates 'pure questions of law' misses the mark. Plaintiff has raised these same legal issues in the Administrative Proceeding, and upon its completion, Plaintiff may seek judicial review in New York State court… Plaintiff's claim stretches beyond pure legal questions–Plaintiff has made the factual allegation that the Administrative Proceeding is a 'fait accompli.'”
NYRA had barred Baffert back on May 17, which was 16 days after the now-deceased Medina Spirit won the GI Kentucky Derby while testing positive for an overage of betamethasone. In the 12 months prior to that positive, four other Baffert trainees had also tested positive for medication overages, two of them in Grade I stakes.
Baffert responded to NYRA's ruling-off by filing a June 14 civil complaint alleging that the ban violated his constitutional right to due process. On July 14, the eve of the Saratoga season, the court granted Baffert a preliminary injunction that allowed him to race at New York's premier tracks until the lawsuit was adjudicated in full.
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