Ex‑FBI Staffer Sues After Dismissal Over Pride Flag He Says the Bureau Gave Him

A former Federal Bureau of Investigation employee has filed a federal lawsuit alleging he was wrongfully terminated after displaying a Progress Pride flag at his workstation that he says had been provided to him by his field office.

Complaint and defendants

David Maltinsky filed the complaint Wednesday in the U.S. District Court for the District of Columbia. The suit names the Department of Justice, the FBI, Attorney General Pam Bondi and FBI Director Kash Patel as defendants.

Career background

Maltinsky says he began pursuing an FBI career after the Sept. 11, 2001 attacks, working as an intern in the FBI’s Los Angeles Field Office (LAFO) in 2008 and joining full time in 2009. In 2014 he was promoted to staff operations specialist, an intelligence role focused on preventing and combating cyber-attacks. He spent more than 16 years with the Bureau and earned awards recognizing his support for diversity and inclusion, including the 2020 Director’s Award for Excellence – Outstanding Service in Diversity and Inclusion and the Department of Justice’s 2022 Attorney General’s Award for Equal Employment Opportunity.

Flag display and termination

The complaint says LAFO leadership presented Maltinsky with two pride flags that had been flown from the field office flagpole; he displayed one at his desk with a small placard noting its origin. In 2025, after he had been accepted to the FBI’s Special Agent training academy at Quantico and had completed the required background checks, Maltinsky left LAFO and removed the flag from his workstation.

While he was attending the 19‑week academy — after completing 16 weeks — he received a termination letter signed by Director Patel accusing him of having “exercised poor judgment with an inappropriate display of political signage in [his] work area” at LAFO. The complaint contends the flag was a Progress Pride flag that had been flown and then given to him by the LA field office, and that he displayed it with approval from his local leadership.

Allegations of unequal treatment

The suit argues the Bureau and DOJ permit other politically or culturally charged imagery in personal workspaces — citing examples such as the thin‑blue‑line flag variant, the Gadsden flag, and Punisher iconography — and points out that Director Patel has circulated challenge coins featuring similar symbols. Maltinsky says his display complied with FBI rules, was nonpartisan and non‑disruptive, and was made as a private individual at his personal workstation.

Claims and requested relief

The complaint lists six causes of action: First Amendment retaliation for protected speech; First Amendment viewpoint discrimination and infringement on expressive association; two counts alleging Fifth Amendment equal protection violations; a claim for declaratory judgment; and a writ of mandamus seeking an order to return him to his most recent position and to prevent removal from federal service without lawful procedures.

Maltinsky asks the court to declare his constitutional rights were violated, to order retroactive reinstatement, and to award back pay, benefits, prejudgment interest, attorneys’ fees and other appropriate relief. The complaint alleges the firing damaged his reputation, eliminated his primary source of income and benefits, and caused other harms.

Reaction

Maltinsky spoke with correspondent Scott MacFarlane about the lawsuit, saying he was disappointed but not surprised. He told the reporter he had been told he was “on a list” of employees targeted by recent actions and that his dismissal had a chilling effect, prompting some colleagues to remove pride flags from their desks.

“We’re not the enemy. We’re not some political mob. We’re proud members of the FBI, and we have a mission to do,” Maltinsky said.

The FBI declined to comment on the pending litigation.