Butler County man sues after Walmart security guard allegedly pushed, pepper sprayed him
Butler County PA Sept 5 2020
A Butler County man is suing Walmart and a security guard who allegedly assaulted him after he refused to use the entrance that the guard told him to use.
According to a complaint filed in U.S. District Court for the Western District of Pennsylvania, security guard Thomas Marak, 69, of Prospect, Butler County, blocked, pushed and pepper sprayed 60-year-old John C. Schirra, when Mr. Schirra was trying to enter the Butler store on April 9.
Mr. Marak also is awaiting criminal trial stemming from this incident on charges of simple assault, two counts of disorderly conduct by engaging in fighting and two counts of physical harassment. A trial date has not been set.
According to the complaint, Mr. Marak stopped Mr. Schirra from entering the store and told him he was required to enter through an entrance 40 yards away that was marked with pallets, seemingly for COVID-19 social distancing guidelines.
When Mr. Schirra tried to walk around Mr. Marak, the security guard blocked him with his chest, the complaint says. When the customer tried to move around again, Mr. Marak told employees to call 911 and “violently pushed” Mr. Schirra “with his right arm, pinning him against a metal post.”
“You’re under arrest,” Mr. Marak is quoted in the complaint. When Mr. Schirra asked why, Mr. Marak told him it was for “assaulting an officer of the law.”
In addition to working as a security guard, Mr. Marak is also a Pennsylvania State Constable, the complaint says.
When Mr. Schirra attempted to move away, Mr. Marak pepper sprayed him and chased Mr. Schirra as he ran to his car, according to the complaint.
Mr. Schirra then called 911 and was told police were already on their way. As he waited for officers to arrive, Mr. Marak used pepper spray on him for a “third and prolonged time,” the complaint says.
Butler Township Police arrived and handcuffed Mr. Schirra, but they released him after officers viewed the security footage of the incident. On May 28, the Butler County District Attorney’s office filed criminal charges against Mr. Marak.
Andrew Norfleet, Mr. Marak’s attorney, said he has not seen Mr. Schirra’s lawsuit and it would “not be proper for me to comment on the case when I haven’t seen the complaint.”
Walmart’s stores “have been limiting the number of people who can enter through one entrance” as part of their COVID-19 response plans, according to the company.
“To assist us in that process, we’ve hired third-party security in some stores,” Walmart spokesman Randy Hargrove said in a statement obtained by the Post-Gazette on Thursday. “Mr. Marak was not our employee and his actions were his own. We will respond with the court as appropriate once we are served with the Complaint.”
Alexander H. Lindsay, Mr. Schirra’s attorney, said Mr. Marak violated his client’s Fourth and Fourteenth Amendment rights to be free from harassment.
The lawsuit also alleges intentional infliction of emotional distress, assault and battery.
Mr. Schirra is requesting a jury trial.
