NEW ORLEANS – Two civil rights organizations, the Advocacy Center and the ACLU of Louisiana, joined forces to file a lawsuit today on behalf of Dennis Bargher, who, while suffering from schizophrenia and other severe mental illnesses, was held at Tangipahoa Parish Jail (TPJ) for nearly two years without treatment. The suit was filed in the United States District Court for the Eastern District of Louisiana.
TPJ officials knew that Mr. Bargher was severely mentally ill, that a court had ordered his treatment with prescription medications, and that without treatment, Bargher would quickly descend into psychosis. Despite that, they refused to treat him, held him in solitary confinement for weeks and months at a time, and denied him food until he had lost nearly half his body weight. Bargher's abuse at the hands of jail officials continued for almost two years until late 2011, when he was discovered – psychotic, emaciated and enfeebled – by civil rights groups and transferred to a different facility.
Miranda Tait, an attorney for the Advocacy Center, said, "Prison conditions are very hard on inmates with mental illness. Conditions of overcrowding, violence, lack of privacy, lack of meaningful activities, isolation from friends and family, and uncertainty about life after prison affect all inmates. These conditions are especially difficult for people with mental illness. The intentional withholding of medical treatment, with callous disregard for the inmate's medical needs, is tantamount to torture."
According to Marjorie Esman, Executive Director of the ACLU of Louisiana, "Under the Constitution, prisons are obligated to provide inmates with adequate medical care, including mental health care. Officials cannot abuse or neglect inmates, deny prisoners essential treatment or allow offenders to physically and mentally waste away simply out of contempt or because they don't understand the disease."
With few psychiatric services available to the public, people with mental illness are increasingly funneled into a criminal justice system that is ill-equipped to address their treatment needs. Hundreds of thousands of men and women in U.S. jails and prisons suffer from serious mental illnesses such as schizophrenia, bipolar disorder, and major depression. "It's past time for us to provide adequate care for those with illnesses," continued Esman. "Dennis Barger was wrongly denied that care, and suffered greatly as a result." Representing Dennis Bargher are Miranda Tait and Ronald Lospennato of the Advocacy Center, ACLU of Louisiana Senior Staff Attorney Justin Harrison, and ACLU Cooperating Attorney Ron Wilson.