David Maltinsky, an FBI intelligence specialist since 2009, has sued the FBI and DOJ after being dismissed in October for displaying a Progress Pride Flag in his office — a flag he says was gifted by the agency and previously flown outside the Wilshire Federal Building. The complaint states Maltinsky had supervisor permission and charges that FBI Director Kash Patel's stated grounds for termination amounted to retaliation and violations of his First and Fifth Amendment rights. Maltinsky seeks reinstatement, and his attorney calls the firing politically motivated.
Former FBI Intelligence Specialist Sues DOJ, Alleges Wrongful Firing Over Pride Flag Display
David Maltinsky, an FBI intelligence specialist since 2009, has sued the FBI and DOJ after being dismissed in October for displaying a Progress Pride Flag in his office — a flag he says was gifted by the agency and previously flown outside the Wilshire Federal Building. The complaint states Maltinsky had supervisor permission and charges that FBI Director Kash Patel's stated grounds for termination amounted to retaliation and violations of his First and Fifth Amendment rights. Maltinsky seeks reinstatement, and his attorney calls the firing politically motivated.
02:12 AM, 11/20/2025Politics
By David Hood-Nuño
David Maltinsky, an FBI intelligence specialist hired in 2009, has filed a lawsuit against the Federal Bureau of Investigation and the U.S. Department of Justice, alleging he was wrongfully terminated after displaying a Progress Pride Flag in his office.
According to the complaint filed in the U.S. District Court for the District of Columbia, Maltinsky says the flag was gifted to him by the agency and was the same Progress Pride Flag that flew outside the FBI's Wilshire Federal Building in Los Angeles in 2021. The suit states he displayed the flag for several years with the permission of two supervisors.
The termination letter cited in the complaint attributes Maltinsky's dismissal to what the agency described as "exercised poor judgment with an inappropriate display of political signage in [his] work area during [his] previous assignment at the Los Angeles Field Office." Maltinsky disputes that characterization and says the display was a personal expression of identity rather than a political statement.
"I believe I was fired not because of who I am, but what I am: a proud gay man," Maltinsky said in a statement included in the filing.
Christopher Mattei, lead counsel for Maltinsky and a partner at Koskoff Koskoff & Bieder, said the firing reflects political targeting by FBI Director Kash Patel. "It is obvious that David is being targeted for political reasons by Kash Patel," Mattei said in a statement, adding that a personal display of identity is not inherently partisan.
The complaint asserts that Patel's actions violated Maltinsky's First and Fifth Amendment rights, alleging retaliation for protected expression, viewpoint discrimination, and denial of equal protection under the law. Maltinsky is seeking reinstatement to the agency.
At the time of his termination, Maltinsky had completed 13 of 16 weeks at the FBI's Special Agent Training Academy at Quantico. Before attending the academy, he worked as an intelligence specialist supporting public corruption and cybercrime investigations and received multiple awards for his work on diversity and inclusion — recognition he says contributed to his dismissal.
The lawsuit comes amid broader changes in federal policy toward diversity, equity and inclusion programs under the current administration, and at a time when employee departures and terminations at the FBI have drawn heightened attention.
The FBI did not immediately respond to a request for comment on the lawsuit.