Use Laravel "distinct" validation rule but ignore some array entries based on an array property

I want to validate an array of input data using a Form Request in Laravel. The array looks like this:

[
  'issues' =>
  [
     'type' => 'prio_1',
     'note' => 'This is some text'
  ],
  [
     'type' => 'prio_2',
     'note' => 'This is some other text'
  ]
  [
     'type' => 'prio_1',
     'note' => 'This is yet some other text',
     'deleted' => true
  ]
]

I want to validate that the the type field is distinct in this array, taking into account that the third array entry is deleted and thus needs to be ignored for this rule. Using

["issues.*.type" => 'required|distinct']

does not work of course as this rule cannot be parameterised to ignore the rule in case an array property has a certain value. Filtering the input to leave out the deleted entries is not an option either, as the index replacing the * in the response needs to match the original index in the request.

Is there a way to extend the distinct rule (using a custom validator) to allow for this kind of validation? Or any other way to allow for this?

via Chebli Mohamed