A Butler County resident has filed a federal complaint against an off-duty constable working at Walmart and a security company for allegedly violating his rights during a heated physical confrontation at Butler Commons Walmart in April.

In his complaint, filed in the U.S. District Court for the Western District of Pennsylvania, John Schirra alleges that Thomas C. Marak, a Pennsylvania constable with Muddy Creek Township, attacked him as he was trying to enter the Walmart on April 9. Constables are elected or appointed public officers that often serve warrants.

The confrontation began with pushing from both sides before Marak used pepper spray on Schirra several times and attempted to arrest him, according to police. The incident led to Marak facing several criminal charges for allegedly assaulting Schirra, who is not facing any criminal charges.

Butler Township police were called to the store during the incident and encountered Marak in the parking lot trying to put handcuffs on Schirra.

Marak told township officers that Schirra got aggressive with him when Schirra tried to enter the store without waiting in line. But when police checked surveillance video they found Marak was the aggressor. They charged Marak with two counts each of simple assault, disorderly conduct and summary harassment for allegedly attacking and pepper-spraying Schirra.

Marak has pleaded not guilty and his criminal case is ongoing.

According to the police complaint in the criminal case, Schirra was attempting to enter the Walmart when Marak told him there was a line that he had to wait in.

Marak's lawyer, Andrew Norfleet, declined to comment on the criminal and federal complaints.

Schirra, who is being represented by attorney Al Lindsay, repeated the story of the encounter Thursday during an online news conference called by Lindsay.

“There was no sign for a line and ... there was no line to wait in. Nobody was there,” Schirra said Thursday. “I walked in like I always do. He told me to move 40 yards away. It didn't make sense; there was no line.”

So, Schirra said, he entered as he normally would, but Marak blocked him.

Police said the surveillance video shows that Marak steps in front of Schirra to stop him from going inside.

“(Marak) begins to shove and strike (Schirra) multiple times. During the multiple shoves, Constable Marak pushes Schirra into a nearby pole,” the police wrote.

Marak continues to shove Schirra into vehicle traffic in front of the store. Police said they observed Schirra defending himself at this point by swatting Marak's hands away.

Schirra then walks to the back of the parking lot as Marak chases and pushes him. Marak then begins to pepper spray Schirra, according to police.

Schirra can be seen ducking from the stream and running away from Marak. The constable chases him while continuing to use the spray, police observed. The police then see an off-duty New Kensington police officer get involved.

Police soon after arrived.

“This was a guy who had a concept that you had to do something else and because (Schirra) questioned the constable, he was attacked,” Lindsay said Thursday.

The federal complaint names Marak, Walmart Inc. and Point Security Inc., the company that provides security to the Walmart store. Walmart didn't respond to a request for comment.

In the complaint, Schirra claims the event left him with injuries, including “back pain so severe that he is in great discomfort while sitting, standing and driving, and loses sleep from the pain.”

The complaint also claims that Schirra suffers from panic attacks and has not felt comfortable to return to the Butler Commons Walmart, where he said he used to go often. Schirra also suffers from nightmares, according to the complaint.

As a result of this confrontation, the complaint claims Schirra's Fourth and 14th Amendment rights were violated. The Fourth Amendment protects against unreasonable searches and the 14th protects Americans from the state's attempt to deprive them of life, liberty and property without due process of the law.

Schirra's complaint asks a federal judge to find Marak responsible for his attorney fees, damages and any other relief the court may decide on.