A longtime FBI employee has filed a lawsuit claiming he was fired for displaying a Pride flag at his desk, naming FBI Director Kash Patel, the Justice Department and Attorney General Pam Bondi as defendants.
His wrongful termination earlier this year was “unconstitutional and politically motivated,” according to David Maltinski, an intelligence specialist with the bureau for 16 years.
The suit alleges that the FBI violated Maltinski’s First Amendment rights and retaliated against him for protected speech. Maltinski is seeking a court order to restore his job.
Maltinski’s 18-page complaint, filed Wednesday in U.S. District Court for the District of Columbia, says he was fired from the FBI academy last month for previously displaying the flag at his workplace with the support and permission of his superiors.
According to the complaint, the Pride flag, which the bureau unfurled from its flagpole in front of the Los Angeles building, was presented to Maltinski for his efforts to support the FBI’s diversity initiatives.
“Ever since I was little, all I wanted to do was serve my country and keep it safe alongside the great and dedicated men and women of the FBI,” said Maltinsky, who joined the bureau in 2009. and spent more than a decade investigating public corruption and cybercrime, including the 2014 North Korean cyber attack on Sony Pictures.
“That Pride flag that in 2021 flew in front of the Wilshire Federal Building, I demonstrated not as a political statement, but as a symbol of inclusion, unity and equal services. These are the values that once made the FBI strong. Now it’s a destination for people like me. I believe I was fired not because of who I am, but because of what I am proud of,” he added.
Earlier this year, Maltinsky was accepted into the FBI’s special agent training academy in Quantico, Virginia, before what he described as an “abrupt dismissal three weeks before graduation.”
Maltinski’s lawsuit alleges that at some point after Donald Trump’s inauguration on Jan. 20, a co-worker reported to Maltinski’s line manager an alleged concern about the display of a Pride flag in his workplace.
“Out of an abundance of caution, Maltinsky requested that LAFO’s chief advisor to the department [Los Angeles field office] to verify that the display of the Progress Pride flag and placard was permissible,” Maltinski’s complaint states, adding: “The department’s chief counsel advised Maltinski that the display of the flag and placard did not violate any policy, rule or regulation.”
Nevertheless, on October 1 Maltinski was notified of his termination.
In the letter cited in Maltinski’s complaint, Patel wrote: “I have determined that you improperly displayed political insignia at your place of employment in your previous account in the Los Angeles office. Pursuant to Article II of the United States Constitution and United States law, your employment with the Federal Bureau of Investigation is terminated.”
In a statement released Wednesday, Maltinski’s attorney, Kerrie Riggs, said: “This administration’s wrongful firing is part of a larger campaign to fire federal agencies from employees who may have differing views, are from marginalized groups, or who dare to speak out against discrimination. David’s fight is not just about him, but about protecting the rights and freedoms of all federal employees.”
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The FBI declined to comment on the lawsuit. The Guardian also approached the Department of Justice.
Maltinski’s lawsuit follows another filed in September by three former high-ranking FBI officials who said they were wrongfully terminated, alleging that Patel said the White House directed him to fire any agent involved in the Trump investigation.
Meanwhile, the FBI earlier this month fired the nearly three-decade veteran after Patel was reportedly enraged by reports that the FBI director flew to a wrestling event where his girlfriend performed the national anthem on a government plane.
Steven Palmer, a veteran of the bureau since 1998, has been ousted as head of the FBI’s critical incident response group, which manages major security threats and the agency’s fleet of aircraft.