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TUCSON, Ariz. (AP)- A federal judge has dismissed a lawsuit filed against the FBI by a woman whose husband and 9-year-old daughter were killed during a 2009 home invasion in southern Arizona.

Gina Gonzalez sued the federal government last May. She claimed an FBI agent was aware members of a militia group were planning to raid her home in Arivaca, but the agent failed to notify the Pima County Sheriff's Department.

U.S. District Court Judge Jennifer Zipps agreed with defense attorneys, who claim the FBI was exempt from litigation because the agent used his discretion under agency policy.

Gonzalez' attorney told the Arizona Daily Star that he plans an appeal.

Two people charged in the home invasion were sentenced to death row in 2011. Another defendant was sentenced to two life terms.

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Information from: Arizona Daily Star, http://www.azstarnet.com

Associated Press,

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