The following excerpt is from Brower v. County of Inyo, 884 F.2d 1316 (9th Cir. 1989):
There is some dispute between the parties as to the nature of the roadblock. However, in reviewing the grant of a motion for dismissal for failure to state a claim, "[a]ll material allegations in the complaint are to be taken as true and construed in the light most favorable to the non-moving party." Sanders v. Kennedy, 794 F.2d 478, 481 (9th Cir.1986). Thus we must accept plaintiffs' contentions that the truck was unilluminated and positioned "behind a curve," and that the deceased was "blind[ed]" by the headlights of the police car turned in the direction of his approach.
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