A New Haven attorney, arrested two years ago for bringing a gun he was licensed to have into a movie theater, has filed a lawsuit against the city and its police chief, despite the charges having been dropped several months after the arrest.
Sung-Ho Hwang, an immigration attorney, claims his constitutional rights were violated the night of Aug. 7, 2012, when he went into the Criterion Cinemas on Temple Street to see a late night showing of The Dark Knight Rises. Nearly three weeks before cops confronted and arrested Hwang, 12 people were killed during a mass shooting inside a Colorado movie theater during a showing of the same movie.
According to Hwang’s attorney, Steven J. Errante, shortly after arriving for the 11 p.m. showing Hwang said police came into the theater and asked if he had a gun. He said yes and then produced his license to carry a concealed weapon. Errante claims the officers were satisfied and were not going to arrest Hwang until Police Chief Dean Esserman ordered them to do so. That, says Errante, is a violation of Hwang’s Second Amendment rights.
Attorney John Williams, who specializes in police misconduct investigations, says if what is alleged is true, Hwang’s Forth Amendment rights were also violated. That part of the Constitution prohibits unreasonable searches and seizures and false arrests.
“And, if you violate somebody’s constitutional rights, you have to compensate them for it,” says Williams.
Attorney Errante says his client’s reputation, despite the case being dropped, was ruined.
“If you Google his name, the first thing that comes up is this arrest,” said Errante.
Williams, who is very fond of Hwang’s work as an immigration attorney, says Whang was placed on a list for a judgeship before his arrest.
“He’s just highly qualified for a position of honor and respect like that,” said Williams. “And, an arrest like this, I’m sure, would have an adverse impact on his career trajectory.”
Hwang was about to be sworn in as the president of the New Haven County Bar Association at the time of the arrest.
Still, some wonder why just weeks after the Colorado movie shooting Hwang would carry his gun into a theater. Hwang told his attorney it was because he walked to the theater from his apartment and was nervous walking through an area where there were recent shootings.
Neither the New Haven Police Department nor the city attorneys would comment on the pending lawsuit, which sources say the city wants to settle.