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The FBI booted him for displaying a Pride flag. Now hes suing the administration.
Former FBI employee David Maltinsky filed a lawsuit on Wednesday against FBI Director Kash Patel, Attorney General Pamela Bondi, the FBI, and the Department of Justice, alleging that he was wrongfully and unconstitutionally terminated in October for displaying a Progress Pride flag at his work desk. Maltinsky says the firing violated his rights to free speech and equal protection under the law; he wants the court to restore his job with the FBI.Maltinskys18-page complaint, filed in the U.S. District Court for the District of Columbia, alleged that the aforementioned plaintiffs dismissed him three weeks before he was set to graduate from the FBI academy for displaying the flag at his workstation. Related FBI employee fired for putting a Pride flag on his desk The flag, which had been given to him to recognize his support of the FBIs diversity initiatives, was approved for display by his supervisors and was similar to a larger Progress Pride flag flown by the FBI in front of the Wilshire Federal Building in Los Angeles earlier in the year.Maltinskys lawsuit alleges that a co-worker shared a concern about the flag with Maltinskys direct supervisor. Maltinsky says the Chief Division Counsel for the FBIs Los Angeles field office assured Maltinsky that the display of the flag didnt violate any policy, rule, or regulation. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today Nevertheless, on October 1, Patel wrote a letter to Maltinsky that said, I have determined that you exercised poor judgment with an inappropriate display of political signage in your work area during your previous assignment at the Los Angeles Field Office. Pursuant to Article II of the United States Constitution and the laws of the United States, your employment with the Federal Bureau of Investigation is hereby terminated.Patels letter didnt specifically mention the flag, but multiple sources familiar with the matter told both CNN and MSNBC that it was the reason behind Maltinskys dismissal. David joined the FBI to protect Americans and enforce the rule of law. He believed in the principles of our Constitution and our democracy. And in his career he has also bravely stood up for the rights of the LGBTQ+ community, wrote one of Maltinskys lawyers, Kerrie Riggs. This administrations unlawfully firing him is part of a larger campaign to rid federal agencies of employees who may have different viewpoints, or are from marginalized groups, or who dare speak out against discrimination. Davids fight is not just about him, but about securing the rights and freedoms of all federal employees, Riggs added.Christopher Mattei, another of Maltinskys lawyers, said, Kash Patels and Pam Bondis continued unlawful attacks on the FBI and skilled public servants like David endanger the American people more and more every day. This case is about far more than one mans career, Mattei continued. Its about whether the government can punish Americans simply for saying who they are. Thanks to Davids courage, Patel and Bondi will be held to account for their unconstitutional assault on Americans who simply want to serve their country as they are. CBS NEWS EXCLUSIVE: David Maltinsky, a 16-year FBI employee who was weeks away from being elevated to the position of agent, filed a lawsuit alleging he was fired because he had a Pride flag draped near his desk. "I knew I was on a list," he told CBS News' @MacFarlaneNews. "There pic.twitter.com/v5v93ca1cM CBS News (@CBSNews) November 19, 2025Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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