Downey v. Pennsylvania Department of Corrections, No. 19-2248 (3d Cir. 2020)
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Downey has long struggled with glaucoma, which can lead to blindness if left uncontrolled. His condition worsened while he was imprisoned at the State Correctional Institution at Waymart, Pennsylvania. Doctors recommended that Downey have surgery expeditiously to save his eyesight. Nothing happened for almost a year, although he repeatedly reached out to prison staff. Surgery came too late; Downey is now blind. Downey sued under 42 U.S.C. 1983 and 1999. The district court rejected the claims on summary judgment, concluding that he failed to exhaust available administrative remedies as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. 1997e(a)..
The Third Circuit reversed in part. Downey’s claims for monetary relief are not procedurally defaulted. Under the prison’s procedures, a prisoner dealing with an emergency or an urgent situation is not bound by the ordinary procedures specified in the grievance policy; he only needs to alert the closest staff person. The court rejected the prison’s “efforts to downplay the urgency” of Downey’s situation and found that Downey complied with the policy. The court affirmed the dismissal of claims against the Department of Corrections and its officials on state sovereign immunity grounds, although that defense was not raised before the district court.
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