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eBook details

• Title: Roush v. Pari-Mutuel Comn
• Author : Supreme Court of the United States
• Release Date : January 29, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

The issues in this case are the progeny of the absolute insurer rule found in the rules of the Wyoming Pari-Mutuel Commission (Commission). Charles C. Roush (Roush) was fined by the Commission, the winners purse was forfeited, and his racing license was suspended because a horse he raced tested positive for an illegal drug, methylphenidate. The primary issue is whether the absolute insurer rule can be invoked by the Commission because of a failure to establish a proper foundation for the introduction of the result of a drug test that triggered the rule. In addition, Roush contends the Commission erred in its decision because he successfully rebutted the presumption of negligence upon which the application of the absolute insurer rule rests, and his right to due process of law was violated because of delay in the Commission proceedings and the failure to follow proper administrative law procedures. A collateral error is asserted because of the dismissal by the district court of a civil rights claim pursuant to 42 U.S.C. § 1983 (1988), which Roush sought to join with his petition for review. We hold the Commission correctly invoked the absolute insurer rule, and there were no prejudicial errors, relating to due process or otherwise, in these proceedings. The Order Affirming Agency Order Suspending License of Charles C. Roush entered in the district court is affirmed.

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