BAILEY, Colo. (CBS4) – The family of a Park County deputy killed while serving an eviction notice earlier this year in Bailey has filed an intent-to-sue against the county government.

Cpl. Nathan Carrigan was killed and two other Park County officers were wounded in a shootout with Martin Wirth at his home.

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Cpl. Nate Carrigan and Martin Wirth (credit: CBS)

Cpl. Nate Carrigan and Martin Wirth (credit: CBS)

Park County deputies went to Wirth’s home Feb. 24 to evict Wirth, who had refused to make mortgage payments to his lender. But during the confrontation, they say Wirth opened fire triggering the deadly gunfight.

Carrigan’s family’s suit is asking for $1 million in damages.

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Another deputy hurt in the eviction is asking for $2.5 million.

In the recent filing, attorneys said Park County Sheriff Fred Wegener was “grossly negligent” and did not follow procedure when he had deputies serve the eviction notice.

Park County Sheriff Fred Wegener (credit: CBS)

Park County Sheriff Fred Wegener (credit: CBS)

In an exclusive interview with CBS4 in April, Nate Carrigan’s father, John, said “My son is dead and that is the only truth that has come out of this department. It was unnecessary.”

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John Carrigan and his wife Melissa question the tactics involved in the eviction, specifically why Park County deputies didn’t back off after the initial volley of shots were fired.