Kanay Mubita v. Daniel Weaver

MEMORANDUM

Kanay Mubita appeals from the district court’s dismissal with prejudice of his informational privacy, due process, and Fourth Amendment claims. Exercising jurisdiction under 28 U.S.C. § 1291 , we affirm in part and vacate and remand in part.

The district court held that Mubita’s informational privacy claim was barred by the statute of limitations and that it would otherwise fail on the merits. We may affirm on any basis supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and therefore decline to express any view as to whether Mubita’s claim is barred by the statute of limitations. We hold only that the claim fails on the merits.

Mubita concedes that the police could lawfully have issued a press release stating simply that he had been arrested for a violation of Idaho Code § 39-608 . Indeed, that concession is dictated by Paul v. Davis, 424 U.S. 693, 713 , 96 S.Ct. 1155 , 47 L.Ed.2d 405 (1976). The only question is whether Mubita had a privacy interest in any information that the press release disclosed other than the basic fact of his arrest. We hold that he did not.

Mubita argues that the press release disclosed two pieces of…