Sharmarke Abdi v. Hennepin County ( 2024 )

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 24-1393
___________________________
Sharmarke Y. Abdi
lllllllllllllllllllllPlaintiff - Appellant
v.
Hennepin County
lllllllllllllllllllllDefendant - Appellee
------------------------------
United States
lllllllllllllllllllllAmicus on Behalf of Appellant(s)
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: October 18, 2024
Filed: October 30, 2024
[Unpublished]
____________
Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
____________
PER CURIAM.
Sharmarke Abdi appeals the district court’s order dismissing his employment-
related action for failure to exhaust administrative remedies as to some claims and
failure to plead an adverse employment action as to the remaining claims.
Upon de novo review, we conclude the district court did not err in dismissing
the claims it correctly determined were unexhausted. See J.M. v. Francis Howell Sch.
Dist., 850 F.3d 944, 947 (8th Cir. 2017) (standard of review); Bailey v. USPS, 208
F.3d 652, 654 (8th Cir. 2000) (requiring exhaustion of administrative remedies before
employee may bring Title VII claims); Weatherly v. Ford Motor Co., 994 F.3d 940,
944-46 (8th Cir. 2021) (requiring exhaustion of administrative remedies before
employee may bring ADA claims). As to the dismissal of the remaining claims, see
Cook v. George’s, Inc., 952 F.3d 935, 938 (8th Cir. 2020) (standard of review), we
conclude further consideration of the issues is necessary, including as to whether
Abdi pleaded facts suggesting he suffered an adverse employment action under the
standards discussed in Muldrow v. City of St. Louis, 601 U.S. 346 (2024), and
Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006).
Accordingly, we affirm the dismissal of the unexhausted claims, and otherwise
vacate the dismissal order and remand the case to the district court. We also grant
Hennepin County’s motion to strike.
______________________________
-2-