Photo provided by The Chandra Law Office LLC Injury to Brent Gay’s face after he allegedly was attacked by Union Local High School coach Vaughn Butler.

COLUMBUS — Brent Gay, a Flushing resident who was involved in a confrontation at a Union Local-Barnesville football game in October, filed a federal civil-rights lawsuit against the Union Local School District and assistant football coach Vaughn Butler on Thursday.

The complaint, filed in the U.S. District Court for the Southern District of Ohio, alleges that on Oct. 25, Butler violently assaulted Gay after Gay made what his lawyer terms a “mild, constitutionally protected remark criticizing the coaching staff’s preparation.”

On May 21, Belmont County Western Division Court Judge Eric Costine ruled that no criminal charges would be filed in connection with the dispute after Gay filed an affidavit asking the court to review the prosecutor’s decision not to file charges in the wake of the altercation.

Gay, who was attending the Oct. 25 game between the longtime rivals as a UL Jets fan, sought the review after the prosecutor’s office declined to press any charges. Through a Cleveland law firm, Gay cited Ohio Revised Code Section 2935.09 to accuse Butler, Barnesville police Officer Matthew Tippie and county sheriff’s Deputy Tyler Grant of various criminal offenses.

Offenses alleged against Butler included first-degree misdemeanor assault and disorderly conduct; Tippie was alleged to have committed second-degree misdemeanor dereliction of duty; and Grant was accused of dereliction of duty, second-degree misdemeanor obstructing official business and first-degree misdemeanor obstructing justice.

Costine reviewed the case, including witness statements, and determined that the court would not second guess the prosecutor’s decision in the case.

According to the federal civil-rights action filed Thursday, Gay — a parent, taxpayer and avid supporter of Union Local football — “was standing quietly near the sideline at halftime of the Union Local-Barnesville game in Barnesville, Ohio when he asked Butler, ‘Did you happen to watch any film this week?’ The question was a pointed but lawful critique of the team’s performance in a game they were losing 41-0.”

A news release issued by The Chandra Law Office LLC, which is representing Gay, alleges that Butler responded by “violently shoving Mr. Gay in the chest, grabbing his coat around the neck, and taking him to the ground, where other coaches and officials — including a local police lieutenant — joined the fray. Mr. Gay suffered injuries to his ribs and face, and was left bloodied and in shock.”

The firm claims Union Local School District’s policy of “granting unchecked authority to its coaches, including Butler, fostered an environment in which violence against critics was tolerated.” It adds that the district took no action against Butler following the incident.

The civil suit asserts claims for First Amendment retaliation, including liability against the school district for failing to train its staff, and multiple state law violations, including civil liability for criminal acts; civil assault; civil battery; civil falsification; reckless hiring, retention, and supervision (against the district); and intentional infliction of emotional distress.

Union Local Superintendent Zac Shutler declined to comment on the lawsuit on Thursday.

“Criticism of government officials is at the core of what the First Amendment protects,” said Subodh Chandra, managing partner of The Chandra Law Firm LLC. “When Mr. Gay questioned Butler’s coaching in a public setting, Butler — a public employee — responded not with reason or restraint, but, the suit alleges, with his fists. Such violent retaliation for protected speech is unconstitutional and unacceptable. The District’s failure to train or discipline Butler — and then even go on to publicly defend his actions — only made matters worse. This lawsuit seeks to hold both Butler and the District accountable.”

Gay is seeking compensatory and punitive damages, as well as attorney fees and other relief.