Unpublished Disposition, 848 F.2d 1242 (9th Cir. 1988)

MEMORANDUM^** 

Michael August appeals pro se the district court's dismissal of his 42 U.S.C. § 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. § 1291 and we affirm.

To state a cause of action under 42 U.S.C. § 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.