When a formerly incarcerated person amends a complaint filed while he was in prison and adds unexhausted claims, does the PLRA require dismissal of those claims?

The Prison Litigation Reform Act (PLRA) requires incarcerated persons to exhaust grievances using the prison’s grievance process before suing. 42 U.S.C. § 1997e(a). Consistent with this mandatory exhaustion rule, courts in the Fifth, Sixth, Seventh, Tenth, and Eleventh Circuits hold that former inmates who are released while their lawsuit is pending may not amend their pleadings to add unexhausted claims. Courts in the Third, Ninth, and now the Eighth Circuit, on the other hand, have decided that such claims are not subject to exhaustion, effectively creating an end-run around mandatory exhaustion. The question presented here is: When a formerly incarcerated person amends a complaint filed while he was in prison and adds unexhausted claims, does the PLRA require dismissal of those claims?