Maximum Security owner appeals Kentucky Derby disqualification

The co-owner of Maximum Security has filed an appeal with the Kentucky Racing Commission after his horse crossed the finish line first at the Kentucky Derby but was later disqualified for being an interference to other horses.

The attorney for Gary West, who is co-owner of the racing horse, told FOX News on Monday that they have filed the paperwork because the "rules were not appropriately applied."

Earlier Monday, West told NBC's "Today" that they were "stunned, shocked, and in total disbelief" of the decision to disqualify the horse after officials determined that Maximum Security violated the state's interference rule that penalizes horses for impeding the path of others in the race.

West told the outlet he planned to file early Monday.

He also said his horse will not be competing in the Preakness Stakes next weekend as “there’s no Triple Crown on the line for” them.

On Saturday, officials of the Derby, known as stewards, determined that West’s horse violated the rules when he impeded the path of several horses during the race and later declared County House as the real winner.

It was the first time in Derby’s 145-year history a horse was disqualified for action during the competition.

The last time a horse was disqualified was in 1968 over a drug test.

However, according to the racing commissions' regulations "all findings of fact and determination shall be final and not subject to appeal.”

If the appeal is not accepted, West hinted that a lawsuit could be a possibility.

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"If the state racing commission refuses to hear about it, I think this is something that's big enough that the entire racing world is looking at this," West told NBC. "And I think they deserve an opportunity to really know what was going on."