Family of Salem Woman Files Wrongful Death Lawsuit Against Oregon Following DEA Agent's Actions

Salem, Oregon | March 28, 2023

Family of Cyclist Killed During DEA Surveillance Sues State of Oregon for $9.5 Million

The family of a Salem woman fatally struck by a DEA agent during a surveillance operation has filed a $9.5 million wrongful death lawsuit against the State of Oregon, Oregon State Police (OSP), and the Oregon Department of Justice (DOJ). The civil suit, filed March 21 in Marion County Circuit Court, is separate from a previously filed federal wrongful death lawsuit targeting the DEA and the agent involved.

Victim Identified as Marganne Allen

Marganne Allen, 53, was riding her bicycle home from work on March 28, 2023, near the intersection of High and Leslie streets SE in Salem, when she was struck by a pickup truck driven by DEA Special Agent Samuel Landis. Allen, known for her work as the program manager for Oregon’s Agricultural Water Quality Resources Department, was wearing high-visibility clothing and had a flashing light on the front of her bicycle at the time of the crash.

According to the lawsuit, Landis was conducting surveillance on a suspected fentanyl trafficker in cooperation with the Salem Police Department, OSP, and the DOJ when he allegedly ran a stop sign and struck Allen. Witness testimony and evidence suggest that Landis was speeding through a residential neighborhood when the fatal collision occurred.

Federal Criminal Case Dismissed Under Supremacy Clause

Earlier this year, a federal judge dismissed criminal charges against Landis, citing the Supremacy Clause of the U.S. Constitution. U.S. District Court Judge Michael McShane ruled that Landis was immune from state prosecution because he was performing his duties as a federal officer at the time of the crash.

Allen's husband, Mark Meleason, who filed the suits, expressed frustration with the dismissal of the criminal case. “His driving behavior was like playing Russian Roulette with his vehicle aimed at the public,” Meleason said. He emphasized that there was no emergency requiring Landis to violate basic traffic laws that exist to protect the public.

Legal Allegations Against Oregon Agencies

The new wrongful death lawsuit filed in circuit court argues that the State of Oregon, OSP, and DOJ failed in their duty to properly train and supervise members of the joint drug enforcement task force. The complaint asserts that the agencies knew or should have known that poorly executed surveillance operations could endanger civilians.

Attorney Brian Lathen, representing Meleason, stated that the agencies allowed task force members to ignore Oregon traffic laws, even in non-emergency situations. The lawsuit claims this systemic negligence directly contributed to Allen’s death and the resulting emotional and financial damages to her family.

The lawsuit includes claims for wrongful death, citing the mental anguish, loss of companionship, and suffering endured by Allen’s family. The complaint also implicates the government's failure to adhere to traffic safety standards during law enforcement operations. Legal issues surrounding negligence, particularly in the context of joint federal-state operations, are central to the case.

Although a motion has been filed to dismiss the state defendants from the federal suit, claims against the DEA, Landis, the City of Salem, and the Salem Police Department remain active in federal court.

Oregon Legal Context and Public Safety Implications

This case highlights the complex legal intersection between federal immunity and state liability in personal injury and wrongful death cases. Under Oregon law, government agencies may still be held financially liable for the actions of their employees if proper training and supervision are found lacking.

For bicyclists navigating Oregon’s roads, this case is a sobering reminder of the risks they face—even from those tasked with public safety. It underscores the importance of accountability and lawful conduct during all traffic-related operations, including those involving undercover surveillance.

If you or a loved one has been injured or killed in a bicycle or car accident due to negligence—whether by a private individual or government agent—you may have the right to pursue compensation. Contact Pacific Injury Law Firm for a free consultation or call 971-277-3811 to speak with an experienced Oregon personal injury attorney.

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Sources:

• Whitney Woodworth (opens in a new tab)