The lawsuit says that the rainbow flag Maltinsky had displayed at his desk in Los Angeles had been presented to him after being displayed outside of the Bureau’s federal office complex.
A former FBI employee has filed a lawsuit against, claiming that he was weeks away from being promoted to the position of agent when he was abruptly fired for having a Pride flag near his desk.
According to CBS News, the complaint was filed on behalf of plaintiff David Maltinsky.
“We’re not the enemy, and we’re not some political mob,” Maltinsky told CBS News. “We’re proud members of the FBI, and we have a mission to do. We go to work every day to do it.”
The lawsuit seeks a court order returning Maltinsky to his role.
Attorneys for the former FBI employee say that the agency violated Maltinsky’s constitutional rights, then retaliated against him for engaging in protected speech. The First Amendment, the lawsuit alleges, “forbids government officials from firing government employees, or otherwise retaliating against them, simply for engaging in expressive conduct concerning a matter of public concern.”
The lawsuit notes that Maltinsky’s termination letter was signed by FBI Director Kash Patel.
“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,” Patel wrote in the October letter. “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.”
Maltinsky claims that he received this letter in October, when he was participating in a training program for future agents at the FBI’s facility in Quantico, Virginia.
The lawsuit says that the rainbow flag Maltinsky had displayed at his desk in Los Angeles had been presented to him after being displayed outside of the Bureau’s federal office complex.
“The ripple effect of fear has been felt,” Maltinsky told CBS News. “Many gay colleagues have removed Pride flags from their desks, allies have removed Pride flags from their desk.”
Christopher M. Mattei, a partner at Koskoff, Koskoff & Bieder P.C. and an attorney representing Maltinsky, said that his client’s long-time dream was serving the country as an FBI agent.
“David’s dream was to serve our country as an FBI Special Agent,” Mattei said in a statement. “When that dream was cruelly taken from him, he stayed true to his oath and is now fighting to protect the rights of all Americans.”
“This case is about far more than one man’s career,” Mattei said, “it’s about whether the government can punish Americans for simply saying who they are.”
Sources
FBI worker says he was wrongfully terminated for having Pride flag at desk
Veteran FBI employee files lawsuit claiming he was fired for displaying Pride flag
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