The family of a slain Border Patrol agent has sued federal officials over the botched “Fast and Furious” gun operation, claiming they should have known it created a risk to law enforcement authorities.

Agent Brian Terry was mortally wounded on Dec. 14, 2010, in a firefight north of the Arizona-Mexico border between U.S. agents and five men who had sneaked into the country to rob marijuana smugglers.

The case was filed Thursday, one day short of the two-year anniversary of Terry’s death and a deadline for filing a wrongful death claim in federal court.