By continuing to use our site, you agree to our Privacy Policy and Terms of Use.
A gay former FBI official sued FBI Director Kash Patel over a Pride flag firing incident.
David Maltinsky says he was illegally terminated in October for displaying a Progress Pride flag at his desk during the Biden administration.
A former FBI intelligence specialist who spent more than 16 years inside the bureau is suing FBI Director Kash Patel, Attorney General Pam Bondi, the FBI, and the Department of Justice, alleging he was unlawfully fired for displaying a Progress Pride flag.
Keep up with the latest in LGBTQ+ news and politics. Sign up for The Advocate’s email newsletter.
The 18-page complaint, filed Wednesday in the U.S. District Court for the District of Columbia, asserts that David M. Maltinsky was summarily dismissed from the FBI Academy on October 1, 2025, just three weeks before he was scheduled to graduate as a special agent. He alleges the termination was unconstitutional and politically motivated, arguing that Patel targeted him for protected expression and for being “a proud gay man.”
Related: Angry Democratic lawmakers slam ‘despicable’ Kash Patel for firing FBI agent over LGBTQ+ Pride flag
According to the lawsuit, the dismissal came without warning. Maltinsky had completed 16 of the FBI Academy’s 19-week Basic Field Training Course and had passed all major legal and physical benchmarks. That night, he was escorted to an executive suite and handed a letter signed by Patel stating he was being removed “under my authority as FBI Director” for an “inappropriate display of political signage” during his previous assignment at the Los Angeles Field Office, the complaint states. The only signage he displayed, his lawyers wrote, was the Progress Pride flag.
The lawsuit quotes the dismissal letter directly. Patel wrote, “I have determined that you exercised poor judgment with an inappropriate display of political signage in your work area.” The complaint argues that this justification was pretextual and discriminatory, noting that the FBI routinely allowed agents to display Blue Line flags, Gadsden flags, and Punisher imagery at their workstations.
Related: FBI tells employees not to celebrate Pride Month in official capacity or on bureau time
The lawsuit describes it as “a clear and brazen violation of federal law and the Constitution.” It states that Maltinsky’s display of the Pride flag “did not violate any FBI rules, policies, or procedures—and instead was approved by his leadership.”
Maltinsky contends that the flag held deep personal significance. The complaint notes that in 2021, after the Progress Pride flag flew outside the Wilshire Federal Building during Pride Month, leadership gave the flags to him “in special recognition of his efforts to improve the FBI.”
Christopher M. Mattei, lead counsel for Maltinsky, said in a press release that his client’s dream to serve the country has been taken from him. "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," he said. "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.”
The FBI did not immediately respond to The Advocate’s request for comment.
Luke Schleusener, CEO of Out in National Security, previously condemned the firing, calling it “a clear act of bias and a warning to public servants and allies who believe they should be free to show support for LGBTQIA+ Americans at work.” He told The Advocate in October that “in a free society, government employees should never fear retaliation for such a simple act of solidarity and pride.”
The lawsuit lands amid intense scrutiny of Patel’s leadership. As The Advocate previously reported in May, Patel barred official Pride commemorations and ordered that LGBTQ+ inclusion efforts move outside official FBI channels. The shift alarmed civil rights advocates and drew comparisons to the “lavender scare,” earlier periods of federal LGBTQ+ purges.
The lawsuit asks the court to reinstate Maltinsky, award back pay, and rule that the government cannot punish employees for LGBTQ+ identity or expression.
Charlie Kirk DID say stoning gay people was the 'perfect law' — and these other heinous quotes