HONOLULU -- A Federal judge Monday threw out an $8 million lawsuit filed by the family of slain Army pilot John Latchum.

Latchum (pictured with family, right) was killed at an Army vacation cabin in Waianae in June 1998. His family said lax security was partly to blame.

What killed the lawsuit was a time-honored legal doctrine that bans people in the military from suing their commanders.

The Latchum family was aware of the ban but hoped their story might encourage more compassion in court.

"They really went there thinking there was no risk when there was quite a large risk," Latchum family attorney Michael Formby said.

Latchum was on vacation at a military cabin in Waianae. He was shot when he tried to protect his family from teenaged burglars.

Widow Wendy Latchum (pictured, left) and her two children sued the Army for more than $8 million because officials didn't warn them about dozens of previous burglaries or tell them the cabins had no phones.

"For her it was very personal," Formby said. "She felt like she should have been told ahead of time the history of criminal activity and she should have been told to bring a telephone."

The 50-year-old doctrine banning military lawsuits was designed to preserve wartime discipline and order and prevent courts from second guessing decisions of commanders in the field.

The Latchum family attorney said the ban should not apply to a vacationing serviceman at a facility run by civilians. However, Army attorneys said Latchum's active duty status was the only reason he could rent the cabin and that Army officers made decisions about rest camp security.

Judge Susan Oki Mollway said she had no choice but to throw out the case.

"As sad as it is for Mr. Latchum's family, I feel compelled to dismiss this case," Mollway said. "I take no pleasure in that ruling."

The ruling is in line with recent decisions in similar cases.