CHARLESTON — A professional jockey who was involved in an altercation with a fellow jockey is suing the West Virginia Racing Commission alleging his three-month suspension from racing was too severe of a punishment.
Victor Rodriguez filed a complaint in Kanawha Circuit Court against The West Virginia Racing Commission and PNGI Charles Town Gaming LLC alleging denial of constitutional due process.
Rodriguez was involved in a fight with another jockey at the Charles Town Races on Dec. 14, 2019. He alleges that he paid a $500 fine imposed by the Racing Commission and was also ejected from PNGI on Dec. 14, 2019, for three months. He claims the suspension was "unusually severe" punishment and that he was deprived due process by the Racing Commission.
Rodriguez seeks a stay of his suspension, monetary relief, interest and all other just relief. He is represented by Benjamin L. Bailey and Samuel A. Hrko of Bailey & Glasser LLP.
The case has been assigned to Circuit Judge Tod J. Kaufman
Kanawha Circuit Court case number 20-C-71