Dist.Ct. erred in dismissing for failure to exhaust administrative remedies plaintiff-prisoner's section 1983 action alleging that defendant-prison medical provider was deliberately indifferent to his serious medical needs, when it failed to approve surgery to remove cataracts in one of plaintiff's eyes, where defendant had policy to refuse such surgery when inmate had some visual acuity in other eye. While Dist. Ct. based dismissal upon its finding that plaintiff did not file standard grievance after his two prior grievances had been denied emergency status, plaintiff had done enough to exhaust his administrative remedies, even without resubmission of his grievance, since relevant rules prior to 2017 Amendment did not instruct that inmates filing emergency grievances need to formally resubmit their complaints as ordinary grievances if warden concluded that they did not present emergency.
