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A veteran FBI operative has initiated a lawsuit claiming he was terminated because of exhibiting an LGBTQ+ banner within his office space.

According to the former employee, that served for the FBI over a decade and a half, his firing earlier this year was “unconstitutional and politically motivated”.

Judicial Proceedings Alleges Free Speech Violations

The complaint contends that the bureau breached the employee’s constitutional protections and engaged in disciplinary action against him due to participating in protected speech.

The plaintiff is seeking a legal ruling to restore his position at the bureau.

Information from the Complaint

The 18-page filing, submitted in a Washington court in Washington, D.C., claims that Maltinsky was terminated from the FBI academy in October for earlier showing the Pride symbol on his desk.

As stated in the complaint, the rainbow symbol was awarded to Maltinsky to honor his work to support the agency’s inclusion programs.

Since childhood, my only desire is serve the nation and safeguard its security beside the brilliant and dedicated personnel at the agency,” stated the former employee.

He further stated, I showed that Pride flag – which in 2021 was displayed at a federal building – not to make a political point, but as a symbol of inclusion, unity and equal service.

These ideals that previously strengthened the FBI strong. Currently it stands as where individuals such as myself are targeted. I believe I was terminated not due to my person, but rather because of what I represent: an openly gay individual,” he affirmed.

Abrupt Termination Before Finish

In the past months, the plaintiff gained admission to the bureau’s agent course at the FBI facility, up until what he described as “abrupt dismissal shortly before graduation”.

The complaint also claims that at some point following the 2017 inauguration, another employee raised an alleged concern to his manager about the display of the rainbow banner.

As a precaution, the plaintiff sought that the top lawyer for the local bureau review whether the exhibition of the LGBTQ+ banner was permissible,” the complaint noted.

It added, The legal officer informed the employee that showing of the banner did not violate any policy, rule, or regulation.”

Notice of Dismissal

However, in early October, the employee was informed of his dismissal.

In correspondence mentioned in the filing, bureau chief the director commented, I decided that you demonstrated improper judgment with an inappropriate display of political signage in your work area in your prior role in Los Angeles.

Under federal law of the U.S. Constitution, and statutes of the U.S., your employment at the bureau is concluded.”

Attorney Comment

In a release provided this week, his attorney Kerrie Riggs said, The current leadership’s unlawfully firing him forms part of a broader effort to remove government departments of workers who may have alternative perspectives, or are from underrepresented communities, or who dare oppose prejudice.

“David’s fight is not just about him, but also about ensuring the liberties and protections of all federal employees.”

Agency Reaction

The FBI refused to respond about the legal action.

Similar Legal Cases

This legal action follows a separate case submitted earlier by previous senior FBI officials who said they had been unlawfully fired.

They alleged that the director claimed he was ordered by the president’s office to dismiss any official participating in an inquiry into Trump.

At the same time, the agency terminated a long-serving employee in November subsequent to Patel allegedly grew upset over news that the agency head flown on a federal plane to be present at a wrestling event where his girlfriend rendered the national anthem.

The veteran, an FBI employee for over two decades, was removed from leading the agency’s response team, responsible for major security threats and FBI planes.