Case: Maltinsky v. Patel

1:25-cv-04031 | U.S. District Court for the District of District of Columbia

Filed Date: Nov. 19, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the termination of an FBI employee for displaying a Pride flag at the Los Angeles Field Office. Plaintiff, a gay man who had worked for the FBI for 16 years as a non-Agent employee, was terminated in October 2025 for displaying a Pride flag in his workstation. In 2022, the Plaintiff was given two Pride flags by leadership at the Los Angeles Field Office. Plaintiff displayed one of these Pride flags at his workstation. After January 20, 2025, Plaintiff had received con…

This is a case challenging the termination of an FBI employee for displaying a Pride flag at the Los Angeles Field Office. Plaintiff, a gay man who had worked for the FBI for 16 years as a non-Agent employee, was terminated in October 2025 for displaying a Pride flag in his workstation.

In 2022, the Plaintiff was given two Pride flags by leadership at the Los Angeles Field Office. Plaintiff displayed one of these Pride flags at his workstation. After January 20, 2025, Plaintiff had received confirmation from the Chief Division Counsel for the Los Angeles Field Office that the display of the Pride flag was permissible. In 2025, Plaintiff applied to and completed most of the FBI Academy’s training program to become an FBI Special Agent. On October 1, 2025, three weeks before the training program was complete, Plaintiff was terminated by a letter signed by FBI Director Kashyap Patel. The letter claimed that Plaintiff “exercised poor judgment with an inappropriate display of political signage in [Plaintiff’s] work area during [Plaintiff’s] previous assignment at the Los Angeles Field Office.”

On November 19, 2025, Plaintiff filed this lawsuit in the United States District Court for the District of Columbia. Plaintiff named FBI Director Kashyap Patel, Attorney General Pamela Bondi, the FBI, and the Department of Justice as defendants (“Defendants”). The case was assigned to District Judge Richard J. Leon. Plaintiff alleged that his termination violated his First Amendment rights to free association and speech, as well as his Fifth Amendment rights, which prohibits the federal government from denying equal protection or engaging in unjust discrimination. Plaintiff sought declaratory and injunctive relief; alternatively, he asked for a writ of mandamus, commanding Defendants to return him to his most recent position in the FBI. 

On February 19, 2026, Pamela Bondi filed a partial motion to dismiss. As of March 31, the court has not yet ruled on this motion. 

This case is ongoing.

Summary Authors

Allison Opheim (3/31/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71932232/parties/maltinsky-v-patel/


Judge(s)

Leon, Richard J. (District of Columbia)

Attorney for Plaintiff

Donovan, Margaret (District of Columbia)

Mattei, Christopher (District of Columbia)

Riggs, Kerrie Diane (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-04031

Complaint

Nov. 19, 2025

Nov. 19, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71932232/maltinsky-v-patel/

Last updated May 28, 2026, 4:26 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-12088653) filed by David M. Maltinsky. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Kashyap P. Patel, # 3 Summons for FBI, # 4 Summons for Pamela J. Bondi, # 5 Summons for DOJ, # 6 Summons for USAO-DC)(Riggs, Kerrie) (Attachment 1 replaced on 11/20/2025) (zhcn). (Entered: 11/19/2025)

1 Civil Cover Sheet

View on RECAP

2 Summons for Kashyap P. Patel

View on RECAP

3 Summons for FBI

View on RECAP

4 Summons for Pamela J. Bondi

View on RECAP

5 Summons for DOJ

View on RECAP

6 Summons for USAO-DC

View on RECAP

Nov. 19, 2025

Nov. 19, 2025

Clearinghouse
2

NOTICE of Appearance by Margaret Donovan on behalf of David M. Maltinsky (Donovan, Margaret) (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

RECAP
3

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by David M. Maltinsky (This document is SEALED and only available to authorized persons.)(Riggs, Kerrie) (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

4

CERTIFICATE OF SERVICE by David M. Maltinsky re 3 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by David M. Maltinsky (This document is SEALED and only available to authorized persons.) . (Riggs, Kerrie) (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

Case Assigned/Reassigned

Nov. 20, 2025

Nov. 20, 2025

Case Assigned to Judge Richard J. Leon. (zhcn)

Nov. 20, 2025

Nov. 20, 2025

5

SUMMONS (5) Issued Electronically as to All Defendants and U.S. Attorney. (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 11/20/2025)

1 Notice and Consent

View on RECAP

Nov. 20, 2025

Nov. 20, 2025

RECAP
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Mattei, Filing fee $ 100, receipt number ADCDC-12100839. Fee Status: Fee Paid. by DAVID M. MALTINSKY. (Attachments: # 1 Exhibit Declaration of Christopher Mattei, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Donovan, Margaret) (Entered: 11/25/2025)

1 Exhibit Declaration of Christopher Mattei

View on RECAP

2 Exhibit Certificate of Good Standing

View on PACER

3 Text of Proposed Order

View on PACER

Nov. 25, 2025

Nov. 25, 2025

RECAP
7

SEALED DOCUMENT (Notice of Filing) filed by DAVID M. MALTINSKY. (This document is SEALED and only available to authorized persons.)(mg) (Entered: 12/03/2025)

Dec. 2, 2025

Dec. 2, 2025

MINUTE ORDER. Upon consideration of Plaintiff's 3 Sealed Motion for Leave to File Document Under Seal, it is hereby ORDERED that the Motion is GRANTED. ECF 3 shall be filed under seal. SO ORDERED. Signed by Judge Richard J. Leon on 12/2/2025. (lcrjl1)

Dec. 2, 2025

Dec. 2, 2025

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 2, 2025

Dec. 2, 2025

Order on Sealed Motion for Leave to File Document Under Seal

Dec. 2, 2025

Dec. 2, 2025

MINUTE ORDER. Upon consideration of the 6 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Christopher M. Mattei be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 12/2/2025. (lcrjl1)

Dec. 2, 2025

Dec. 2, 2025

8

NOTICE of Appearance by Christopher Mattei on behalf of DAVID M. MALTINSKY (Mattei, Christopher) (Entered: 12/04/2025)

Dec. 4, 2025

Dec. 4, 2025

9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/20/2025. Answer due for ALL FEDERAL DEFENDANTS by 1/19/2026. (Attachments: # 1 Exhibit Proof of Service - USAO-DC)(Donovan, Margaret) (Entered: 01/07/2026)

1 Exhibit Proof of Service - USAO-DC

View on RECAP

Jan. 6, 2026

Jan. 6, 2026

RECAP
10

NOTICE of Appearance by Natalie Moreland Villalon on behalf of All Defendants (Moreland Villalon, Natalie) (Entered: 01/12/2026)

Jan. 12, 2026

Jan. 12, 2026

RECAP
11

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, and to Set Briefing Schedule for Motion Pursuant to Rule 12 by PAMELA J. BONDI, FEDERAL BUREAU OF INVESTIGATION, KASHYAP P. PATEL, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Moreland Villalon, Natalie) (Entered: 01/12/2026)

1 Text of Proposed Order

View on PACER

Jan. 12, 2026

Jan. 12, 2026

RECAP

MINUTE ORDER. Upon consideration of defendants' 11 Unopposed Motion for Extension of Time to Respond to Complaint, it is hereby ORDERED that the motion is GRANTED. Defendants' deadline to respond to the complaint and file a motion to dismiss is February 19, 2026. Plaintiff's response to defendants' motion to dismiss is due March 23, 2026. Defendants' reply in support of their motion to dismiss is due March 30, 2026. SO ORDERED. Signed by Judge Richard J. Leon on 1/16/2026. (lcrjl1)

Jan. 16, 2026

Jan. 16, 2026

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Jan. 16, 2026

Jan. 16, 2026

12

Partial MOTION to Dismiss by PAMELA J. BONDI, FEDERAL BUREAU OF INVESTIGATION, KASHYAP P. PATEL, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Moreland Villalon, Natalie) (Entered: 02/19/2026)

1 Memorandum in Support

View on RECAP

2 Text of Proposed Order

View on PACER

Feb. 19, 2026

Feb. 19, 2026

RECAP
13

Unopposed MOTION for Extension of Time to File Response/Reply as to 12 Partial MOTION to Dismiss by DAVID M. MALTINSKY. (Mattei, Christopher) (Entered: 03/20/2026)

March 20, 2026

March 20, 2026

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

March 20, 2026

March 20, 2026

MINUTE ORDER. Upon consideration of plaintiff's 13 Unopposed Motion for Extension of Time to File Response, it is hereby ORDERED that the motion is GRANTED. Plaintiff shall file his response to the Government's motion to dismiss on or before May 7, 2026. SO ORDERED. Signed by Judge Richard J. Leon on 3/20/2026. (lcrjl1)

March 20, 2026

March 20, 2026

14

NOTICE of Appearance by Sydney Foster on behalf of DAVID M. MALTINSKY (Foster, Sydney) (Entered: 04/27/2026)

April 27, 2026

April 27, 2026

15

CONSENT TO THE FILING OF AN AMENDED COMPLAINT by DAVID M. MALTINSKY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Riggs, Kerrie) (Entered: 05/05/2026)

1 Memorandum in Support

View on RECAP

2 Exhibit

View on RECAP

3 Text of Proposed Order

View on PACER

May 5, 2026

May 5, 2026

RECAP

.Order AND ~Util - Set/Reset Deadlines

May 14, 2026

May 14, 2026

MINUTE ORDER. Upon consideration of plaintiff's 15 Consent Motion to File an Amended Complaint, it is hereby ORDERED that the motion is GRANTED. Plaintiff's First Amended Complaint is deemed filed as of today. Defendants' response to the amended complaint is due on or before June 15, 2026. Plaintiff's response to defendants' motion is due on or before July 15, 2026. Defendants' reply in support is due on or before July 22, 2026. SO ORDERED. Signed by Judge Richard J. Leon on 5/14/2026. (lcrjl1)

May 14, 2026

May 14, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Nov. 19, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Private Plaintiff

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Kahyap Patel, Pamela Bondi

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

District of District of Columbia 1:25-cv-04031

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Discrimination Area:

Content/viewpoint discrimination

LGBTQ+:

LGBTQ+

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