David Maltinsky, an FBI intelligence specialist since 2009, is suing the FBI and DOJ after his October termination for displaying a Progress Pride Flag in his office. He says the flag was agency-issued and had been displayed with supervisory approval; the termination letter called the display "inappropriate". The suit alleges violations of Maltinsky's First and Fifth Amendment rights and seeks reinstatement, with his attorney calling the firing politically motivated.
Former FBI Specialist Sues DOJ, Says He Was Wrongfully Fired Over Progress Pride Flag
David Maltinsky, an FBI intelligence specialist since 2009, is suing the FBI and DOJ after his October termination for displaying a Progress Pride Flag in his office. He says the flag was agency-issued and had been displayed with supervisory approval; the termination letter called the display "inappropriate". The suit alleges violations of Maltinsky's First and Fifth Amendment rights and seeks reinstatement, with his attorney calling the firing politically motivated.

A former long-serving FBI intelligence specialist has filed a lawsuit against the Federal Bureau of Investigation and the U.S. Department of Justice, alleging he was unlawfully terminated for displaying a Progress Pride Flag in his office.
David Maltinsky, who joined the FBI in 2009, says the flag — the same Progress Pride Flag that flew outside the FBI's Wilshire Federal Building in Los Angeles in 2021 — was agency-issued and displayed in his workspace for several years with permission from two supervisors. According to the complaint filed in the U.S. District Court for the District of Columbia, Maltinsky was dismissed in October after officials cited a termination letter claiming he had "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 he believes the real reason for his firing was his sexual orientation.
"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 with the filing.
His lead counsel, Christopher Mattei of Koskoff Koskoff & Bieder, argues the dismissal was politically motivated by FBI Director Kash Patel. "It is obvious that David is being targeted for political reasons by Kash Patel," Mattei said, adding that the flag was a personal expression of identity rather than partisan signage.
The complaint alleges violations of Maltinsky's First and Fifth Amendment rights, asserting retaliation for protected expression, viewpoint discrimination, and denial of equal protection. Maltinsky is seeking reinstatement to his position at 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. Previously he served as an intelligence specialist supporting public corruption and cybercrime investigations and received multiple agency awards for work on diversity and inclusion — accomplishments he believes contributed to the decision to fire him.
The lawsuit arrives amid broader debate over diversity, equity and inclusion efforts across the federal government and a notable increase in personnel actions at the FBI under current leadership. The agency did not immediately comment on the filing.
Reported by David Hood-Nuño.
