Unlike that Robert Downey, this Robert Downey was an inmate in state prison and suffered from severe glaucoma. In Downey v. Penn. Dept. of Corr., the 3rd Circuit held that he did not fail to exhaust his administrative remedies in this Section 1983 prison litigation case because he faced an emergency and an urgent need for his ailment that was ignored until he went blind. In dicta, the Court reviewed Garrett v. Wexford Health and the ability of an amended complaint filed post-release to remedy a failure to exhaust administrative remedies.
