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Pierce County judge dismisses wrongful death lawsuit in shooting of Deputy Daniel McCartney

A Pierce County judge ruled Deputy Daniel McCartney, who was killed in 2018, was aware of the hazards of the job but “voluntarily confronted that risk.”

TACOMA, Wash. — Editor's note: The above video on a memorial honoring Sheriff's Deputy Daniel McCartney originally aired in Jan. 2019.

A judge has dismissed a wrongful death lawsuit brought against Pierce County by the family of sheriff’s deputy Daniel McCartney. 

He was shot in 2018 while responding to a home invasion robbery in the Frederickson area, which is east of Spanaway. 

The lawsuit alleged deputies are not safe due to inadequate staffing. It sought damages as well as “an order mandating sufficient staffing or other equitable relief that will prevent a repeat of another wrongful deputy death.” 

On Monday, Superior Court Judge Karena Kirkendoll granted the county’s motion to dismiss the complaint. The county’s motion said McCartney was aware of the hazards of the job but “voluntarily confronted that risk.”

RELATED: Shooting range dedicated to fallen Pierce County Deputy Daniel McCartney

McCartney was the first person to respond to a 911 call reporting a home invasion on January 7, 2018.

Investigators said the intruders held three adults and two young children hostage with handguns and “bowie” style knives and demanded money. One of the hostages was able to escape and call 911.

After arriving at the home, McCartney reported he was pursuing the suspects and then called out "shots fired."

In Aug. 2018, Frank Pawul was sentenced to life in prison without parole for McCartney's death.

RELATED: Pierce County K9 carries legacy of fallen Deputy Daniel McCartney