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LEGAL MATTERS

Former Ocoee police chief sues city for wrongful termination, discrimination, retaliation

Ocoee’s first female and first Hispanic chief of police, Saima Plasencia is suing the city in Orange County’s Ninth Judicial Circuit Court for wrongful termination, alleging gender and ethnic discrimination, a hostile work environment and retaliation after she filed a grievance with the city’s human resources department.

The lawsuit separately accuses Ocoee Deputy Chief of Police Chris McKinstry of defaming her within the police department, the Florida Department of Law Enforcement and waging a campaign to oust her with then-City Manager Robert Frank and Ocoee Mayor Rusty Johnson.

McKinstry’s attorney, Patricia Rego Chapman of Dean, Ringers, Morgan & Lawton, filed a motion to dismiss the lawsuit, arguing that McKinstry, as a police officer, is shielded from defamation claims because he “enjoys absolute immunity” for “statements made in connection with official duties.”

The lawsuit, which comes nearly two years after Plasencia was terminated in November 2023, was filed in June. But attorneys for the city and Plasencia, represented by Richard Smith of Nejame Law, were unable to reach a settlement during an Aug. 22 mediation discussion. A brief hearing with Judge Luis Calderon is scheduled for Sept. 25 at 10:45 a.m. A jury trial is scheduled for May 17, 2027.

Plasencia, 61, who resides in Sorrento, is seeking more than $50,000 in damages for lost wages, income and employment benefits together with emotional pain and suffering and attorneys fees.

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In her lawsuit against the city of Ocoee for wrongful termination, former Ocoee Police Chief Saima Plasencia alleges that Deputy Chief Chris McKinstry waged a defamation campaign to oust her from the police department. McKinstry's attorney argues he has "absolute immunity" for statements made in his official capacity.

“Disappointed professional”

Plasencia joined the Ocoee Police Department in 2016 after serving 30 years with the Miami-Dade Police Department. She was promoted to Acting Chief when longtime Chief Charlie Brown retired. She was officially named Chief of Police in April 2021.

At the time of her firing, then-City Manager Frank issued a statement that said he’d decided “to move the department in a different direction. There was no official misconduct involved.” Frank retired in 2024.

On Dec. 5, 2023, Plasencia went to the city commission to request that commissioners reconsider her termination, saying, she was “not a bitter former employee. I'm a disappointed professional.”

During her statement, Plasencia laid out many of the themes that eventually formed the backbone of her lawsuit: the lack of due process, the gender discrimination, the campaign by a close friend of the former city manager — later identified as McKinstry — to have her fired.

“Culture of dissension”

Plasencia maintains in her lawsuit that she was left out of key meetings with Ocoee management that were “relevant and prudent to the successful operation of the Police Department …” She claims she was not permitted to “supervise the male Deputy Chiefs (sic), which is standard policy and within law enforcement's best practices.” And she claims that Frank would “often not answer [her] calls, texts or emails, yet … would quickly answer or respond to the Deputy Chiefs’ (sic) calls, texts, or emails.” Finally, Plasencia states, in order to get “approval, guidance or direction” from Frank on key issues, she would have to resort to asking the deputy chiefs to ask him for her.

Plasencia also states in the lawsuit that McKinstry made “disparaging comments about [her] being female,” made his “strong dislike” of her known throughout the police department and made false statements within the department to “erode her professional standing.”

She draws a straight line from an Aug. 22, 2023, grievance filed with the human resources department director about McKinstry, to her Nov. 14, 2023, termination. She states in the lawsuit that he created a  “created a culture of dissension … with his antagonistic behavior and actions.”

Plasencia specifically alleges that McKinstry asked employees to file “unsubstantiated complaints” about her; made derogatory statements to the city’s collective bargaining representative to “start a campaign to have [her] terminated from the department”; and that he made false statements to Frank and Mayor Johnson, “seeking to defame [her] and ensure [her] termination…”

In September, about a month after Plasencia met with the human resources director about McKinstry, the lawsuit states, she brought the matter to Frank, who was her immediate supervisor. The following month, in October, the human resources director “suggested that [she] retire.” About two weeks after that, on Oct. 30, Frank “told [her] to retire or face a media frenzy” over her accusations about the police department. The human resources director gave her the option to retire with eight weeks of severance pay. Plasencia refused and was fired on Nov. 14.

The city of Ocoee has denied Plasencia’s allegations, maintaining her termination was “based on legitimate, nondiscriminatory, reasonable factors other than her gender,” according to court documents. In December 2023, WKMG reported that there had been complaints about Plasencia’s behavior and leadership. One such complaint described her management style as “haphazard decision-making, devoid of any logical or strategic considerations for the betterment of the citizens of Ocoee or the department as a whole …”

The city also stated in court documents that it has “a well-disseminated and consistently enforced policy against discrimination and retaliation, as well as a reasonable and available procedure for receiving and investigating alleged complaints of discrimination.”

The city filed a motion to have the lawsuit's defamation claim dismissed.

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