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Briefly Elevated Blood Pressure: Law, Science, and Judge Posner  

Author:  Fred Cohen.

Source: Volume 15, Number 03, March/April 2014 , pp.33-35(3)

Correctional Health Care Report

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An Illinois prisoner was deprived of his anti-hypertension medication for about three weeks, and a straightforward reading of the facts leads to a simple ruling of “no constitutional violation.” But Judge Posner’s opinion in this 7th Circuit decision proved far more expansive: it is in effect an essay on how lawyers and science don’t mix and how lawyers, even when operating on their own turf, confuse a serious medical condition with the additional, and independent, need to show serious consequences flowing from deliberate indifference to the serious condition—a basic requirement of any Section 1983 claim.

Keywords: Jackson v. Pollion, 733 F.3d 786; Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107, 2021; David L. Faigman; “Legal Alchemy: The Use and Misuse of Science in Law”

Affiliations:  1: Executive Editor.

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