Oregon Family Sues DEA for $2.5M After Agent Was Granted Immunity in Fatal Crash

The family of a longtime employee at the Oregon Departments of Forestry and Agriculture is seeking $2.5 million in damages after a federal agent was granted immunity after knocking down Marganne M. Allen (53) in Salem while she was cycling to work. She died in the hospital of her injuries.

The Woman was a Married Mother of Two Children

Allen, a married mother of two, was knocked down at an intersection by a federal narcotics agent who ran a stop sign while in pursuit of a drug suspect on 28 March 2023.

The wrongful death lawsuit was filed on Wednesday against the U.S. Drug Enforcement Agency (DEA) agent, Samuel Troy Landis, the Oregon Department of Justice, and the City of Salem.

A Federal Judge Previously Granted the DEA Agent Immunity

The lawsuit was filed by the family after a federal judge granted the DEA agent immunity from a criminally negligent homicide state prosecution charge in the fatal accident.

The DEA agent had previously testified that he was driving up to 35 m.p.h. in a residential area at 1.30 p.m. on the day that he struck Allen. He said he was trying to catch up to fellow officers after losing track of the suspected drug courier’s vehicle.

Landis said he slowed down at the intersection and leaned forward as he hit the brakes but did not stop the vehicle as he drove through.

The lawsuit alleges that Landis failed to ensure no one was entering the intersection and traveled at an unreasonable speed when he jumped the stop sign. It also accuses him of failing to yield the right of way and of driving in a manner that endangered others.

Landis was traveling at 18 m.p.h. when his unmarked gray Dodge Ram pickup struck Allen, according to accident reconstruction officer Martin Powell.

Court records state that at the time of the accident, Allen was wearing a brightly colored green or yellow shirt and had a white light flashing on her bike.

Narcotics Team Was Chasing a Mexico-Based Drug Trafficking Suspect

The eight-man DEA undercover team was in pursuit of a suspect from a Mexico-based drug trafficking ring suspected of distributing fentanyl in the Salem area following a controlled purchase of 1,000 pills from the suspected courier.

According to previous testimony, the DEA agents wanted information on the suspect’s residential address, his alleged drug stash house, and the people with whom he met.

Marion County prosecutors argued that Landis’ actions were not reasonable or necessary, saying he entered a blind intersection without stopping to ensure it was safe to drive through.

U.S. District Judge Michael J. McShane previously ruled that Landis was entitled to immunity from criminal prosecution. The state of Oregon is appealing the ruling to the 9th U.S. Circuit Court of Appeals.

According to DEA policy, officers are allowed to disobey traffic or parking laws during enforcement and emergencies, including surveillance of suspects, said Ken Wolters, assistant special agent in charge of the DEA’s Portland office, in previous testimony.