848 F.2d 1242
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Michael AUGUST, Plaintiff-Appellant,
v.
CITY OF LOS ANGELES, et al.; Los Angeles PD; Daryl Gates;
Stefan J. Adams; Judy Sherman, Defendants-Appellees.
No. 86-6473.
United States Court of Appeals, Ninth Circuit.
Submitted April 29, 1988.*
Decided June 3, 1988.
Before BRUNETTI, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.
MEMORANDUM**
Michael August appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action for failure to state a claim. August contends that the Los Angeles Police Department and Attorney Judy Sherman violated his due process, equal protection and privacy rights by disseminating August's arrest records which had been ordered expunged and/or sealed. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm.
To state a cause of action under 42 U.S.C. Sec. 1983 August must allege the deprivation of a right secured by the laws or Constitution of the United States. See Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155 (1978); Ketchum v. Alameda County, 811 F.2d 1243, 1245 (9th Cir.1987). August contends the dissemination of information previously ordered expunged and/or sealed violated his federal constitutional rights. There is no federal right to have arrest records expunged. Bird v. Summit County, 730 F.2d 442, 444 (6th Cir.1984). The dissemination of arrest record information does not violate the fourteenth amendment nor the right to privacy under the United States Constitution. Paul v. Davis, 424 U.S. 693, 713 (1975).1
August also contends that the district court erred in dismissing his pendent state claims after the federal claims were dismissed. We do not agree. "[P]endent jurisdiction is a doctrine of discretion, not of plaintiff's right." United Mine Worker v. Gibbs, 383 U.S. 715, 726 (1966). The district court did not abuse its discretion. See also Jones v. Community Redevelopment Agency, 733 F.2d 646, 651 (9th Cir.1984) (suggesting that "[w]hen federal claims are dismissed before trial, as [August's] section 1983 claim was here, pendent state claims should be dismissed." (emphasis added; citation omitted)).
AFFIRMED.
The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Because we hold the district court properly dismissed August's complaint for failure to state a section 1983 claim, we do not consider appellee Sherman's statute of limitations argument raised for the first time on appeal