A Tuesday hearing in Hammond’s U.S. District Court has scheduled events through 2026 in a lawsuit between the brother of Trent McCain, former deputy mayor of Gary, and the city.

Both parties participated in a preliminary conference Tuesday afternoon.

Todd McCain, the plaintiff, has until Sept. 1 to seek permission to join additional parties or amend pleadings. Gary Mayor Eddie Melton and the city have until Oct. 1 to do the same.

Richard McDevitt of McDevitt Mediation Center will oversee the mediation, which is set to be complete by Jan. 31.

Magistrate Abizer Zanzi oversaw Tuesday’s hearing and will likely oversee the remainder of the lawsuit.

The lawsuit began in September when local attorney Russell Brown filed a complaint on behalf of Todd McCain, a former employee of the Gary Sanitary District. McCain is suing both the GSD and Melton, alleging political retaliation when he was fired.

In the lawsuit, McCain is asking for relief for lost wages, employment benefits and other compensation he lost. Other requests include compensatory and punitive damages, front pay, attorney and witness fees, expenses and other relief the court deems necessary.

McCain claims the termination was a violation of his First Amendment rights, which protect his freedom of political expression and affiliation. He campaigned for former Mayor Jerome Prince, who Melton defeated in the May 2023 Democratic primary.

Trent McCain served as deputy mayor during Prince’s administration. In January, Prince was sentenced in federal court to one year of probation and a $26,750 fine for using campaign funds to buy a house in Gary’s Miller neighborhood.

Melton denied McCain’s claims that the mayor ordered GSD to terminate him and undertook actions to do so immediately upon taking office. He also said he was “without knowledge or information sufficient to form a belief” on McCain’s political activities, including an anti-Melton commercial McCain posted on Facebook and deleted when Melton won the primary election.

GSD also denies allegations that Melton ordered for McCain to be terminated.

McCain worked for the GSD from Dec. 15, 2021, to Jan. 9, 2024, according to online court records. Melton took office on Jan. 1, 2024.

In an October statement, Gary Corporation Counsel Carla Morgan said the city is prepared to “vigorously defend against any legal challenges.”

“This administration is committed to fulfilling all our legal and ethical responsibilities in the execution of our duties,” Morgan’s statement said.

mwilkins@chicagotribune .com