FBI Employee’s Lawsuit against FBI, Kash Patel and Co-Defendants for displaying Pride Flag

Maltinsky says that Kash Patel fired him last month because he had a Pride flag near his desk. In his termination letter, Patel writes:
“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.”

However, the First Amendment “forbids government officials from firing government employees, or otherwise retaliating against them, simply for engaging in expressive conduct concerning a matter of public concern.” According to Maltinsky’s lawsuit, Defendants’ actions have harmed Maltinsky by infringing upon the exercise of his constitutional rights, damaging his reputation, depriving him of his status as an FBI employee in good standing, eliminating his primary source of income, and depriving him of health insurance and other government employment benefits. His lawsuit also orders the FBI to give him his job back.

FBI Hypocrisy

Maltinsky’s complaint notes that FBI leadership gave Pride flags to him—after the agency flew them during Pride month in 2021 — “in special recognition of his efforts to improve the FBI.”

FBI allowed employees to display Blue Line flags, the Gadsden flag–the Revolutionary affiliated with the right-leaning movement, and the Punisher–a skull symbol associated with antigovernment militias. Maltinsky says that Patel hands out challenge coins featuring the blue line, the Gadsden flag and the Punisher image.

David Maltinksy’s Exemplary Work History

2008: Volunteered as an intern assigned to the FBI’s Los Angeles Field Office (LAFO).

2009: Joined FBI as a full-time employee in an operational support role assigned to a team investigating public corruption in greater Los Angeles.

2014: Promoted to staff operations specialist, an intelligence role in which he supported the FBI’s efforts to prevent and combat cyber-attacks against the U.S.

2016: After Orlando nightclub tragedy, he resolved to support the FBI’s then existing diversity initiatives, which he hoped would strengthen the FBI’s capacity to prevent and respond to such attacks in the future. 

Received the National Intelligence Meritorious Unit Citation for the investigation of the North Korean attack on Sony Pictures.

2019: Elected by the Bureau Equality Committee membership to serve as chairperson. He led efforts to identify and oppose discrimination on the basis of sexual orientation within the FBI.

2020: Awarded by FBI the 2020 Director’s Award for Excellence – Outstanding Service in Diversity and Inclusion.

2021: LAFO leadership entrusted him two Pride flags that had flown from the flagpole located in front of the LAFO, one of which was displayed at his workstation.

Represented the FBI overseas on multiple occasions, including the Federal Republic of Nigeria in support of an FBI initiative combatting cyber-crime.

2022: Awarded the Attorney General’s Award for Equal Employment Opportunity, DOJ’s highest award for performance in support of the Equal Employment Opportunity Program.

2023: Traveled to UK with members of the FBI LAFO in support of an active high-profile investigation into SIM-swapping (a form of fraud perpetrated through a victim’s mobile phone) and cryptocurrency theft.

2024: Applied to become an FBI Special Agent, and submitted to a background investigation as part of the application process.

April 2025: FBI Assistant Director for the Human Resources Division offered Maltinsky the position of FBI Special Agent.

June 2025: Reported to the FBI Academy at Quantico to begin the Basic Field Training Course.

October 2025: After successfully completing 16 weeks of the FBI Academy’s 19-week training program, Maltinsky’ employment with the FBI was terminated.

November 19, 2025: Maltinsky filed a lawsuit in the United States District Court, District of Columbia,  Case 1:25-cv-04031.

“This case is about far more than one man’s career—it’s about whether the government can punish Americans simply for saying who they are,” Mattei said.

Maltinsky’s firing is part of a large and growing wave of terminations, resignations and retirements inside the Justice Department since Jan. 20, reported CBS News. Justice Connection, an organization that supports the ex-employees, said more than 5,000 employees have left or been fired from the FBI this year. “It’s very sad that it’s happening,” Maltinsky told CBS News. “But part of this filing is that: I’m not intimidated. We’re not intimidated.” 

The Advocate reported Maltinksy’s lead counsel saying, “Kash Patel’s and Pam Bondi’s 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 man’s career—it’s about whether the government can punish Americans simply for saying who they are. Thanks to David’s 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.”