A preliminary hearing in a lawsuit between the brother of Trent McCain, former deputy mayor of Gary, and the city has been scheduled for later this month at the U.S. District Court in Hammond.
Both parties are expected in court at noon on Jan. 27, according to court documents.
In September, local attorney Russell Brown filed a complaint on behalf of Todd McCain, who is suing the Gary Sanitary District and Mayor Eddie Melton, alleging political retaliation when he was fired from his job with the city’s sanitary district. Melton responded to McCain’s claims on Nov. 20, and GSD responded on Dec. 9.
McCain’s complaint says the termination was a violation of his First Amendment rights, which protect his freedom of political expression and association. The plaintiff campaigned for former Mayor Jerome Prince, who Melton defeated in the May 2023 Democratic primary.
In his answer to the complaint, Melton said he was “without knowledge or information sufficient to form a belief” on McCain’s political activities. The mayor’s answer said the same about an anti-Melton commercial McCain posted on Facebook before deleting it when Melton won the primary.
McCain’s lawsuit claims Melton ordered GSD to terminate him and undertook actions immediately upon taking office, both of which the mayor denied.
He also denied terminating McCain as political retribution and violating his First Amendment rights.
In GSD’s response, the organization said they were “without knowledge or information sufficient to form a belief” on McCain’s two annual performance evaluations — one done in 2022 by then-Executive Director Dan Vicari and one in 2023 by former Executive Director Rhonda Anderson. McCain claims the performance evaluations were stellar.
The GSD also denies allegations that Melton ordered McCain to be terminated.
McCain worked for the GSD from Dec. 15, 2021, to Jan. 9, 2024, according to online court records. Vicari hired McCain as community engagement and compliance director.
Melton took office on Jan. 1, 2024.
The mayor acts as municipal executive director and appoints the sanitary district’s executive director and five members of its Board of Commissioners, according to court documents.
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 has asked for a jury trial, according to court documents.
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.
