Truhan

MEMORANDUM ***

Cynthia Truhan appeals the district court’s summary judgment for defendants *55 in her action against the City of Santa Monica and Santa Monica Police Department (“SMPD”) Officer Ray Cooper for violating her constitutional right to privacy. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo on appeal, Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir.2002), and we affirm.

Truhan argues that SMPD violated her constitutional right to privacy by releasing, to the Los Angeles Police Department, a secretly recorded videotape of a confidential criminal confession taken by the SMPD. We determine that the release of Truhan’s videotaped criminal confession is not the type of “despicable and outrageous abuse of official power and invasion of carefully guarded personal modesty” protected by the Due Process Clause of the Fourteenth Amendment. See Davis v. Bucher, 853 F.2d 718, 721 (9th Cir.1988). The tape does not reveal the most intimate details of Truhan’s private life, even assuming the confession was secretly videotaped, with a promise of confidentiality, and under extraordinary emotional circumstances.…