In what circumstances will a state attorney general be dismissed for failing to state a claim?

We review a dismissal for failure to state a claim pursuant to Rule 12(b)(6) de novo. Tanner v. Heise, 879 F.2d 572, 576 (9th Cir.1989). All allegations of material fact are taken as true and construed in the light most favorable to the plaintiff. Id. In civil rights cases, where the petitioner is pro se, the court has an obligation to construe the pleadings liberally and to afford the petitioner any benefit of the doubt. Bretz v. Kelman, 773 F.2d 1026, 1027 n. 1 (9th Cir.1985).

Dismissal of Attorney General

A public official who performs functions analogous to a prosecutor, such as the state Attorney General, enjoys prosecutorial immunity. Schlegel v. Bebout, 841 F.2d 937, 942 (9th Cir.1988). Absolute immunity attaches if the official's challenged conduct is within his or her scope of authority and "quasi-judicial" in nature. Id. at 943. Generally, "when a prosecutor decides to litigate, interviews witnesses, and gathers evidence, he or she is engaging in conduct that relates to the preparation of his or her case. This activity enjoys absolute immunity." Id. at 943-944.