249 (9th Cir.1997). Dismissal without leave to amend is proper only in “extraordinary” cases. United States v. City of Redwood, 640 F.2d 963, 966 (9th Cir.1981). When ruling on a 12(b)(6) motion, the complaint must be construed in the light most favorable to the plaintiff. Parks Sch. of Bus. Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir.1995). The court must accept as true all material allegations in the complaint, as well as any reasonable inferences to be drawn from them. Pareto v. FDIC, 139 F.3d 696, 699 (9th Cir.1998). In order to allege a claim upon which relief may be granted under § 1983, a plaintiff must show that he or she has been deprived of a right “ ‘secured by the Constitution and ... laws’ of the United States” and that the deprivation was “ ‘under color’ ” of sta 1965) (<HOLDING>). “[Government officials performing
holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect holding that there was no arrest when suspect was moved from his own truck to a police car holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime