Marion Co. Dist. Attorney's Office

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News Release

Marion County Prosecution Of Federal DEA Agent Dismissed - 03/13/26

State of Oregon v. Samuel T. Landis

 

Salem, OR – March 12, 2026 – The Oregon Department of Justice has decided to not seek further appellate review of the federal court’s dismissal in State of Oregon v. Samuel T. Landis. This decision was made after carefully weighing whether to take the rare step of petitioning the United States Supreme Court and the potential impact such a decision could have on future cases.  

 

In March of 2023, Landis, a federal Drug Enforcement Administration agent, was conducting a federal drug investigation in Salem, Oregon.  At the time, Landis was doing surveillance of a suspected drug trafficker when he purposefully ran a stop sign and struck a bicyclist who had the right of way. The victim, Marganne Allen, sustained injuries that resulted in her death.

 

In August 2023, a Marion County Grand Jury indicted Agent Landis with criminally negligent homicide for causing her death. At Landis’ request, the case was removed to federal court based on a claim of federal immunity.  This removal was granted over Marion County District Attorney objections. Subsequently, the federal U.S. District Court dismissed the charge of criminally negligent homicide, ruling that Landis’ actions were within the scope of his federal employment and reasonable under the circumstances, which entitled him to immunity from state prosecution.

 

That legal principle, known as Supremacy Clause Immunity, is a constitutional doctrine that insulates federal employees from state criminal prosecution if they are carrying out their federal duties. Immunity applies when the act in question was authorized by federal law and the person subjectively believed the action was justified and that belief was objectively reasonable under the existing circumstances. When these conditions are met, state actors- like a District Attorney’s Office- cannot convict an individual because federal authority takes precedence over conflicting state laws.

 

The Marion County District Attorney’s Office sought to appeal that dismissal, a process which is litigated by the Oregon Department of Justice.  In April 2025, the Oregon Department of Justice asked for the U.S. Court of Appeals for the Ninth Circuit Court to overturn the trial judges’ dismissal and reinstate the charge against Landis.  In December, the Ninth Circuit agreed with the lower district court and found that Landis acted within the scope of his authority and was entitled to immunity from prosecution for the death of Margane Allen.  

 

When the Supreme Court takes up a legal question, its ruling shapes the law for everyone, in every state, for years to come. After careful consideration, ODOJ concluded that pursuing this case to the Supreme Court carried a real risk of producing a ruling that would make it harder — not easier — to hold people accountable in future cases. ODOJ did not want this tragedy to become the vehicle for that outcome.

 

“Marganne Allen’s death was a tragic loss for her husband, children, other family members and our community. While we respect the legal process and the decision of the United States Court of Appeals for the Ninth Circuit, it is nonetheless disappointing that the criminal charge cannot proceed and there will be no justice for the family,” said Marion County District Attorney Paige Clarkson. She went on to say, “We are grateful to our partners at the Oregon Department of Justice and appreciate the collaborative work with the Attorney General in the attempt to seek accountability for this criminal act.”

 

“Our hearts go out to the family of Marganne Allen, and to everyone who loved her,” said Attorney General Dan Rayfield. “The Oregon Department of Justice pursued extraordinary avenues to hold Mr. Landis accountable for her tragic death — filing actions in federal courts that are rarely used, arguing before the Ninth Circuit not once but twice, and seeking reconsideration when that court ruled against us. While this case is at an end, we remain committed to fighting for justice for every Oregonian.”

 

The family wishes to release this statement in regards to the events. Please respect the family's wish for privacy during this time. 

 

(The full link to the statement is here: https://drive.google.com/file/d/1VaZBa8emruJwIoLHOno_IU7PtkTjBCQc/view?usp=sharing )

 

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About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

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Marion County Prosecution Of Federal DEA Agent Dismissed - 03/13/26

State of Oregon v. Samuel T. Landis

 

Salem, OR – March 12, 2026 – The Oregon Department of Justice has decided to not seek further appellate review of the federal court’s dismissal in State of Oregon v. Samuel T. Landis. This decision was made after carefully weighing whether to take the rare step of petitioning the United States Supreme Court and the potential impact such a decision could have on future cases.  

 

In March of 2023, Landis, a federal Drug Enforcement Administration agent, was conducting a federal drug investigation in Salem, Oregon.  At the time, Landis was doing surveillance of a suspected drug trafficker when he purposefully ran a stop sign and struck a bicyclist who had the right of way. The victim, Marganne Allen, sustained injuries that resulted in her death.

 

In August 2023, a Marion County Grand Jury indicted Agent Landis with criminally negligent homicide for causing her death. At Landis’ request, the case was removed to federal court based on a claim of federal immunity.  This removal was granted over Marion County District Attorney objections. Subsequently, the federal U.S. District Court dismissed the charge of criminally negligent homicide, ruling that Landis’ actions were within the scope of his federal employment and reasonable under the circumstances, which entitled him to immunity from state prosecution.

 

That legal principle, known as Supremacy Clause Immunity, is a constitutional doctrine that insulates federal employees from state criminal prosecution if they are carrying out their federal duties. Immunity applies when the act in question was authorized by federal law and the person subjectively believed the action was justified and that belief was objectively reasonable under the existing circumstances. When these conditions are met, state actors- like a District Attorney’s Office- cannot convict an individual because federal authority takes precedence over conflicting state laws.

 

The Marion County District Attorney’s Office sought to appeal that dismissal, a process which is litigated by the Oregon Department of Justice.  In April 2025, the Oregon Department of Justice asked for the U.S. Court of Appeals for the Ninth Circuit Court to overturn the trial judges’ dismissal and reinstate the charge against Landis.  In December, the Ninth Circuit agreed with the lower district court and found that Landis acted within the scope of his authority and was entitled to immunity from prosecution for the death of Margane Allen.  

 

When the Supreme Court takes up a legal question, its ruling shapes the law for everyone, in every state, for years to come. After careful consideration, ODOJ concluded that pursuing this case to the Supreme Court carried a real risk of producing a ruling that would make it harder — not easier — to hold people accountable in future cases. ODOJ did not want this tragedy to become the vehicle for that outcome.

 

“Marganne Allen’s death was a tragic loss for her husband, children, other family members and our community. While we respect the legal process and the decision of the United States Court of Appeals for the Ninth Circuit, it is nonetheless disappointing that the criminal charge cannot proceed and there will be no justice for the family,” said Marion County District Attorney Paige Clarkson. She went on to say, “We are grateful to our partners at the Oregon Department of Justice and appreciate the collaborative work with the Attorney General in the attempt to seek accountability for this criminal act.”

 

“Our hearts go out to the family of Marganne Allen, and to everyone who loved her,” said Attorney General Dan Rayfield. “The Oregon Department of Justice pursued extraordinary avenues to hold Mr. Landis accountable for her tragic death — filing actions in federal courts that are rarely used, arguing before the Ninth Circuit not once but twice, and seeking reconsideration when that court ruled against us. While this case is at an end, we remain committed to fighting for justice for every Oregonian.”

 

The family wishes to release this statement in regards to the events. Please respect the family's wish for privacy during this time. 

 

(The full link to the statement is here: https://drive.google.com/file/d/1VaZBa8emruJwIoLHOno_IU7PtkTjBCQc/view?usp=sharing )

 

####

About Marion County District Attorney’s Office

The District Attorney’s Office is responsible for seeking justice through promoting accountability for criminal offenders; interpreting, enforcing, and executing law; responding to the concerns of victims and the public; and working cooperatively with members of the justice system.

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