Musselman Drops Lawsuit Against Churchill
Description:
Ed Musselman's litigation against Churchill Downs Inc. involving backstretch access has come to an end after the Indian Charlie publisher and track owner on Dec. 16 jointly agreed to a voluntary dismissal.
Musselman filed the suit last month seeking to prevent Churchill Downs and Kentucky Horse Racing Commission executive director John Ward Jr. from indefinitely denying him access to the Louisville, Ky. track. While Musselman's litigation against Ward continues, the portion of the lawsuit against Churchill and its director of security Robert King has been dismissed in U.S. District Court for the Western District of Kentucky.
On Dec. 18, counsel for Ward filed a motion to dismiss the action against him on the grounds that the court lacks jurisdiction over the subject matter. In a 20-page filing, Ward's counsel argues that the defendant, in his official capacity as KHRC executive director, is constitutionally protected from litigation.
Musselman has not been allowed at Churchill since a June 26 physical altercation with trainer Dale Romans and Romans' life partner and assistant, Tammy Fox.