Lawyers for Howard County Government say the government cannot be sued when the accused employees are participating in "government functions."

The Baltimore Sun reports that the county is seeking to dismiss the $4.8 million lawsuit filed on behalf of Han S. Yoo after Yoo claimed that an intoxicated off-duty police officer threatened him with a gun outside Honey Pig restaurant in Ellicott City.

Yoo said he was at the restaurant to meet with some friends when Christian Kim, a Howard County police officer, confronted him. Yoo said Kim pointed a gun at his head. Yoo's lawyer, Tae S. Kim, filed suit in October against Officer Kim, unnamed officers and the Howard County Police Department.

Senior assistant county solicitor David Moore also argued that Yoo could not justify his emotional distress, as claimed in the suit, because "there is no allegation that any of the defendants acted out of a desire to inflict distress."

Officer Kim, who as a rookie was credited with catching a bank robber, is on administrative duty during an internal police investigation

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