Oregon — The Oregon Department of Justice announced Thursday it will not seek further appellate review in the case against a federal Drug Enforcement Administration agent involved in a fatal crash that killed a Salem bicyclist in 2023.
The decision ends the state’s effort to reinstate a criminally negligent homicide charge against DEA Special Agent Samuel T. Landis, whose prosecution was dismissed in federal court after judges ruled he was protected by federal immunity.
According to court records, the incident occurred March 28, 2023, while Landis was conducting surveillance as part of a federal drug investigation in Salem. Investigators said Landis ran a stop sign at an intersection and struck Marganne Allen, who was riding her bicycle and had the right of way. Allen later died from injuries sustained in the crash.
In August 2023, a Marion County grand jury indicted Landis on a charge of criminally negligent homicide. At Landis’ request, the case was moved to federal court under a legal doctrine known as Supremacy Clause immunity, which protects federal officers from state criminal prosecution when acting within the scope of their federal duties.
A federal district judge dismissed the charge, finding Landis’ actions were within the scope of his federal employment and that his belief that his conduct was justified was objectively reasonable. The Oregon Department of Justice appealed the ruling, asking the U.S. Court of Appeals for the Ninth Circuit to reinstate the charge.
In December 2025, the Ninth Circuit upheld the dismissal, agreeing that Landis was entitled to immunity.
After considering whether to ask the U.S. Supreme Court to review the case, state officials decided against pursuing further appeals.
Attorney General Dan Rayfield said the decision reflected concerns about the broader legal implications of asking the high court to reconsider the doctrine.
“When the Supreme Court takes up a legal question, its ruling shapes the law for everyone, in every state, for years to come,” the department said in a statement. Officials concluded that pursuing the case carried a risk of producing a decision that could make it harder to hold individuals accountable in similar situations.
Marion County District Attorney Paige Clarkson said the outcome was deeply disappointing for Allen’s family and the community.
“Marganne Allen’s death was a tragic loss for her husband, children, other family members and our community,” Clarkson said. “While we respect the legal process and the decision of the Ninth Circuit, it is nonetheless disappointing that the criminal charge cannot proceed and there will be no justice for the family.”
In a statement released earlier this year, Allen’s family said the crash occurred on a rainy afternoon when Landis drove through a stop sign at a blind intersection during a surveillance operation that did not involve an active emergency. The family said Allen was wearing a helmet, high-visibility clothing, and bike lights when she was struck while riding home from work.
Family members described the past three years as a “living nightmare,” adding that they had hoped the criminal case would give them their day in court.
The Oregon Department of Justice said it pursued multiple legal avenues in federal court, including arguing before the Ninth Circuit and seeking reconsideration after the initial ruling. With the decision not to seek Supreme Court review, the case is now considered closed.
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