Olsen, who was off-duty, has maintained that he saw Pete try to steal his truck and shot him during the chase. Pete, who was also legally drunk that night, was later exonerated of the charges that he stole Olsen’s truck.

“I have great sympathy for Mr. Pete and the grievous wrong that Mr.Olsen did to him,” Shea said. “Nevertheless, I grant the city’s motion… Mr. Olsen was not acting under the color of law.”

In December 2008, Pete filed a $750,000 claim against Olsen and the city, citing a violation of his civil rights.

One year ago, a Spokane jury acquitted Olsen of first-degree assault and reckless endangerment in connection with the shooting.

Pete’s attorney, John Kannin of Seattle, argued that even if Olsen didn’t announce that he was a police officer, his actions clearly showed that he was. Kannin added that Olsen didn’t announce he was an officer because he was afraid that other officers would learn he is gay after leaving Dempsey’s, a gay bar.

“Citizens don’t pursue suspects and try to take them into custody with a firearm. That’s what (Olsen) was doing … trying to stop a crime,” Kannin said. “He pursued and fired his gun at a suspect. He can say whatever he wants. His actions are clear.”

Pete said Friday that he must consult with his attorneys before deciding whether to appeal Shea’s ruling. If it stands, it means that Pete can only seek monetary penalties from Olsen in any future civil proceedings.

“I think it’s just another blow, not just to me but to the citizens of Spokane,” Pete said. “Justice is really hard to get.”

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