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Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit

Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. Rick Moss, Blackburn's counselor, informed Blackburn that he did not send "dings" to camp or pre-release. Blackburn alleges that on September 15, 1998, at a hearing to determine his access to program, Moss did not follow DOC policy procedures on disabled offenders. Moss, Blackburn claims, knowingly withheld information that might have helped him to progress to pre-release or work release as his classification referral form did not mention the fact that Blackburn had psychiatric counseling, anger management courses completed, chemical dependency/ awareness and a G.E.D. Blackburn alleges that Moss deliberately discriminated against him as a disabled person and in result, Blackburn has suffered a loss of benefits. On March 12, 1999, Blackburn was assaulted as a result of not being transferred to a minimum security complex. Upon confinement, Blackburn stopped receiving social security payments that may have continued on March 18, 1999, if Moss would have allowed him access to Lincoln Rap House, a work release facility for disabled persons located in Tacoma. In April of 1999, Blackburn filed suit and the State of Washington and DOC settled out of court paying Blackburn $2,500. See: Blackburn v. Moss, United States District Court Eastern District of Washington, Case No. CS-98-450-FVS.

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Related legal case

Blackburn v. Rick Moss