Another Parx-Related Lawsuit Involving Constitutional Rights

Parx Racing | Equi-Photo

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Nearly one year ago, on May 12, 2015, jockey Angel Castillo was ousted from the premises of Parx racetrack and accused of being in possession of an illegal electrical stimulating device.

Although he appealed the decision, was granted a stay, and the Pennsylvania Horse Racing Commission (PHRC) later blamed another rider, Pierre Hernandez-Ortega, of possessing that “buzzer,” a series of hearings has not resulted in any final adjudication that would clear Castillo's name.

So on Wednesday, Castillo sued Walter Remmert, the executive secretary of the PHRC, in federal court, complaining that the allegedly libelous statements by Remmert and being barred from riding for a short period of time deprived Castillo of his Constitutionally protected rights to utilize his property (a jockey's license) and earn a living.

If the “Constitutionally protected” part of this lawsuit sounds familiar, that's because it shares similarities with a suit also filed last week in United States District Court, Middle District of Pennsylvania, by Parx-based trainer Ramon Preciado. The two civil complaints were both initiated by the same attorney, Alan Pincus.

Preciado's lawsuit against Remmert and a Parx racing official was an attempt to recoup damages and regain the trainer's right to enter horses while his track ejection and equine drug violations appeals are adjudicated via due process.

In Preciado's case, the threat of the lawsuit apparently was enough to get Parx to change its mind on allowing him to enter while his appeals play out (click here). In Castillo's case, he is not currently prohibited from riding, but is seeking monetary damages from Remmert for allegedly “destroying” his business–a phrase that is identical to one used in the Preciado lawsuit.

The crux of Castillo's libel accusation is based on Remmert's “making statements to leading racing publications” about being caught with an electrical device, which was found in a riding glove that bore the initials “A.C.”

According to the lawsuit, “Defendant has refused to retract the statements despite repeated requests that he do so. This has led to permanent damage to Defendant's reputation as a jockey and has caused him great financial harm and loss of business…No document or comment was ever issued by Remmert or the commission exonerating Castillo. This has left a lasting impression with a large segment of the public that Remmert's comments were true…This calculated act of character assassination by Remmert should shock the conscience of any member of the public.”

Remmert did not respond to a Wednesday voicemail message requesting comment in time for deadline for this story.

 

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