Daymon Johnson is a history professor at Bakersfield College

A federal district judge dismissed a lawsuit filed by Bakersfield College history professor Daymon Johnson against Bakersfield College and the Kern Community College District this week. Johnson claimed he feared KCCD would punish him if he spoke up against complying with and criticizing systemwide rules to ensure employees uphold diversity, equity, inclusion and accessibility, known as DEIA. 

A spokesperson for KCCD issued the following statement, “The District is pleased with the Court’s ruling. The District values the First Amendment rights of its faculty, students, and community members and will continue to defend this matter.” 

In an email, Johnson declined to comment on the court ruling and referred questions to his Lawyer, Alan Gura. Calls and messages to Gura were not immediately returned.

The California Community College Chancellor’s office implemented DEIA in 2023. According to a May 2023 memorandum from the Chancellor’s office, “DEIA set a competency and criteria framework that can serve as a minimum standard for evaluating all California Community College employees.” 

U.S District Court Judge Kirk Sheriff ruled that Johnson had not adequately alleged that he faced an injury that is ‘actual or imminent.’ Judge Sheriff further wrote, “It is undisputed that Johnson has not faced any sanction or other action by KCCD or the defendants under the provisions he challenges…. As Johnson has failed to establish standing, his complaint must be dismissed without prejudice.” Without prejudice means Johnson may file a second amended complaint within 45 days. 

California Community College’s Board of Governors President Amy Costa was pleased with the court’s ruling and issued a statement that read in part, “Today’s decision by the U.S. District Court for the Eastern District of California reaffirms our commitment to DEIA and our efforts to ensure we serve ALL of our students by ensuring our campuses foster belonging,” 

This ruling is the latest twist in an ongoing legal battle. In November 2023, U.S. Magistrate Judge Christopher Baker issued a ruling that sided with Johnson, recommending that Bakersfield College be prohibited from investigating, disciplining or firing Johnso over its diversity and inclusion policies. Baker wrote, “It is likely that at some point plaintiff (Johnson) will face consequences if he does not adhere to whatever competencies and criteria are imposed on him through the DEIA regulations.” Baker further recommended that the Eastern District of California deny a motion to dismiss Johnson’s lawsuit. 

However, the federal court rejected Judge Baker’s findings and recommendations and dismissed the case. “The Court declines to adopt the findings and recommendations because the Court finds that Johnson has not demonstrated that he has standing to bring this pre-enforcement action,” wrote Judge Sherriff. 

To read the court ruling, go here.