bar

WASHINGTON  — The Constitution protects the rights of Americans but normally does not allow them to sue federal agents for violating those rights.

This rights vs. remedies dispute has divided the Supreme Court for nearly 50 years.

It did so again Monday when the justices heard arguments on whether to throw out a lawsuit brought by a federal prison inmate in Hawaii who suffered a broken tailbone in a gang fight.

Kekai Watanabe said he told prison nurse Francis Nielsen he was in intense pain. He was given only an over-the-counter pain medication. Seven months later, an X-ray finally revealed the damage from the fracture and the source of his continuing agony.

Acting on his own, Watanabe sued Nielsen for cruel and unusual punishment in violation of the 8th Amendment.

A federal judge dismissed his suit, citing the Supreme Court’s decades of skepticism over such lawsuits. However, the 9th Circuit Court of Appeals revived his claim and pointed to a 1980 ruling that allowed a similar suit brought by a mother whose son died of an asthma attack in a federal prison.

It was the last time the high court had upheld a lawsuit for money damages against a federal agent for violating a constitutional right.

But the Supreme Court agreed to hear an appeal in Nielsen vs. Watanabe. And during Monday’s arguments, the justices debated whether to further narrow such lawsuits or to reject them entirely.

The court’s conservatives say only Congress can authorize lawsuits for money damages against federal agents and employees. And they noted that in the Federal Tort Claims Act, Congress authorized damage suits against the United States for such claims.

“The power to create damages remedies belongs to Congress, not federal courts,” said Lucas Walker, an attorney for the prison nurse. “It’s time to end the Bivens experiment.”

He was referring to a 1971 decision in which the Supreme Court for the first time authorized such a constitutional claim for money damages against federal agent. In that case, known as Bivens, the suit was against several FBI agents for an unreasonable search during a drug raid in violation of the 4th Amendment.

Walker argued the court should overturn the Bivens case as well as the later ruling allowing a suit involving gross medical negligence.

But Joshua Wesneski, an attorney for Watanabe, said the prospect of being sued for wrongdoing “has a powerful deterrent effect.”

This issue has taken on new significance because of the aggressive and sometimes violent actions of federal immigration agents. They may be charged with a crime but they are not subject to being sued for damages by victims or their families.

After the Civil War, Congress passed an enforcement law that authorized suits against state and local officials acting under color of law who violated constitutional rights. But there is no comparably broad law for federal officers and agents.

That’s why a Los Angeles police officer who uses excessive force can be sued in a federal court, but the same is not true of a federal immigration agent.

Democrats in the Senate may try to change that in the year ahead.

Sens. Alex Padilla (D-Calif.) and Richard Blumenthal (D-Conn.) have proposed an “Accountability for Federal Law Enforcement Act” to allow victims to sue for “damages for constitutional and civil rights violations committed by federal law enforcement agents.”

They said Congress needs to extend the same legal accountability to federal agents that has long applied to police and other state and local officials.

“Recent incidents — from violent ICE and CBP raids to abuses by federal task forces — have underscored this gap in accountability,” Padilla said. “These events have eroded public trust and shown how federal officers can act with impunity even when their conduct clearly violates constitutional protections.”

Buried in the language of Proposition 45, the initiative that would overhaul California’s powerful law on environmental review, are provisions that would mean government agencies have to consult only with certain tribes in the state, and not others when they develop major projects.

Tribes that are federally recognized would be consulted; those without recognition would not.

This effort mirrors similar ones supported by tribes that have federal recognition to limit the say of tribes without it in recent years. Non-recognized tribes see it as another move by economically powerful tribes to protect their own interests and avoid having to negotiate with other local tribes over territorial disputes and how to best protect important sites.

“Our concern is that wealthy casino interests and political influence are being allowed to outweigh ancestral connections,” Andrew Salas, chairperson of the Gabrieleño Band of Mission Indians — Kizh Nation, said in a statement to The Times.

Proposition 45 on the Nov. 3 California ballot would create a streamlined environmental review process for projects deemed “essential” — including most housing, transportation, water, health, wildfire mitigation, education, internet access and clean energy projects. The streamlining would mean stricter deadlines for review and court challenges, would bar local governments from requesting repeated analyses and allow developers to propose a single alternative with less environmental impact rather than several.

One of the largest contributors to the Yes on Prop 45 committee is a federally recognized tribe, the Yuhaaviatam of San Manuel Nation, which contributed $750,000.

“Federal recognition is the legal and constitutional foundation of tribal sovereignty and establishes a government-to-government framework for consultation,” Amelia Matier, spokesperson for Yes on Prop 45, said, noting tribes without recognition still can still meaningfully participate alongside members of the public.

The Yuhaaviatam of San Manuel Nation reaffirmed its support for the measure in a statement to The Times but did not respond to specific questions.

Critics, meanwhile, say moves such as this would give federally recognized tribes the power to consult on development projects hundreds of miles outside their homelands, overriding local tribes.

“Proposition 45 is part of a much longer struggle over whose voices California chooses to hear,” Salas said. “For decades, non-federally recognized ancestral tribes in Southern California have fought to protect our homelands while facing pressure to accept a ‘lesser role’ than federally recognized tribes.”

“Our rivers, habitats, and the animals that depend on them lose their protection when the people who know these places are removed from the table,” he said.

None of the Gabrieleno and Tataviam tribes within the greater L.A. area have federal recognition.

Last year, three tribes with federal recognition championed a bill that would have significantly limited how tribes without it could participate in the consultation process for all projects — not just the ones deemed “essential” ones under Proposition 45. A few months later, the small state agency that maintains the official list of tribal contacts unveiled a proposal that some non-recognized tribes argued would effectively exclude them. Multiple federally recognized tribes supported the effort.

The environmental review process under the California Environmental Quality Act, better known as CEQA, is one of the primary ways that tribes have a say over how the state and local governments develop land within their ancestral territories. It allows tribes to comment on how a proposed housing or infrastructure project might harm graves, ceremonial grounds or ancient villages. A separate law lets tribes comment on general plans that outline where developers can propose housing, and commercial and industrial facilities.

Tribal consultation differs from general public comment. It allows Indigenous leaders to discuss the location and details of sensitive information — such as burial sites — confidentially, before draft environmental reviews are published.

The Kizh Nation has used the CEQA process to consult on hundreds of land development projects a year around the Los Angeles Basin. In one instance, the process generated extra protections for one of the oldest living plants in the world, a more-than 13,000 year-old oak tree in the Inland Empire, that Indigenous people have taken care of for millennia. It also resulted in the Kizh Nation winning one of the largest land returns in Southern California history for a tribe without federal recognition — while still creating a development of nearly 1,700 homes and industrial and business parks.

There are over 100 tribes in the state with federal recognition, a status that brings protections, funds and services from the federal government, including funding for Indigenous elementary and secondary schools, access to healthcare and the potential for a reservation. Yet dozens more remain unrecognized.

Federal agents negotiated treaties in the 1850s with more than 130 Indigenous communities in the new state of California, setting aside roughly 7% of the state for reservations. But Congress refused to ratify the very treaties it had ordered and failed to notify tribes of its decision.

The federal recognition process today is long and grueling. Only 18 tribes have successfully achieved recognition through it since it was created in 1978. Only one was in California — Death Valley’s Timbisha Shoshone Tribe.

Tribes along the coast who were coerced into building the missions, including the Gabrielino, have had an especially hard time gaining recognition. They endured three waves of settlers: the Spanish, Mexican, and American. With these came death, forced displacement and cultural suppression. When the federal government sent agents to create reservations for California’s mission-affected tribes in the 1890s following reports of dire circumstance, the agents inexplicably overlooked the Gabrieleno.

At least one-third of tribal cultural resources protected under CEQA are in the homelands of tribes without federal recognition, Jonathan Cordero, executive director of the Assn. of Ramaytush Ohlone, estimates.

If Proposition 45 passes, “that means that hundreds of sacred sites and thousands of invaluable and irreplaceable tribal cultural resources would be destroyed in subsequent years,” he said in a statement.

Dread is usually the first sensation Angelenos conjure when they hear “LAX.” It doesn’t have to be this way, L.A.

You might be preparing to check in toward a faraway destination, or doing what is often called the ultimate expression of love here: driving someone to or from one of the busiest airports in the world. Either way, if timed right, your journey can become a satisfying dip into the culinary scene surrounding our vice for the airborne, our awkward beauty, El Ay Ex.

Mariscos El Chente staff members Denise Miranda and Maria Peñuelas.

(Daniel Hernandez / Los Angeles Times)

No, you don’t have to limit yourself to the touristy In-N-Out on Sepulveda Bouelvard. Skip Randy’s Donuts if you’ve done it before. For this guide, we’re zeroing in on local favorites in the quietly robust scene of dining and drinking within one mile of the airport’s perimeter. No hotel restaurants or lounges.

A tight proximity to the runways means you’re mostly surrounded by busy LAX workers and hardcore locals from the communities of Westchester, El Segundo, Lennox, Hawthorne and Inglewood. Sprinkle in people who’ve just landed from just about anywhere in the world, and the magic of the LAX cultural orbit comes alive. I’m no longer kidding or holding my secret: Because of the restaurants and bars, I actually love hanging out around the airport.

This makes me part of a low-key membrane of Angeleno who enjoys watching jetliners serenely glide their passengers through the sky, landing a kiss away from the gleaming Pacific, as we sip a nice lager or chomp into a mulita. I can trick my brain on any day into thinking I’m just about to take off myself.

It stopped me mid-scroll. In an Instagram reel, one DJ was mixing an upbeat track in a dark, packed room while another danced on a stage behind her, twerking perfectly on beat. Above them, a message flashed on a massive screen: “Love. Dance. And F— Ice.”

The crowd went wild, matching the energy of the two Los Angeles-based DJs who go by Mango and Ginger. The night looked so electric that I could feel the FOMO traveling through my body.

When I tapped the location tag, I assumed I was looking at an underground warehouse party in downtown L.A. or a venue in Hollywood. Instead, the party — known as If You See Me You See Me — was happening 120 miles south in San Diego. As a DJ and music lover, I knew I needed to get down there ASAP.

For many Angelenos, San Diego is the place to go for a peaceful weekend getaway — think scenic cliffs, serene beaches, fresh fish tacos and visits to Balboa Park and the San Diego Zoo. But it’s easy to sleep on its vibrant nightlife scene — and I don’t just mean the bars crowding the Gaslamp Quarter. The city is home to some of the most exciting late-night spaces, from hi-fi listening lounges to a cinematic Middle Eastern restaurant that feels straight out of Disneyland.

“People just aren’t aware,” says San Diego native Mo Perez, who as DJ Dopemo regularly packs out parties at North Park’s Bluefoot Bar and Lounge. “Then they come here and they’re like, ‘Wow, San Diego is really fun.’”

This is part of the reason why Sasha Marie, a longtime DJ and former member of the Soulection music collective, decided to continue hosting her event If You See Me You See Me, in partnership with Future Is Color, in her hometown of San Diego, even amid invitations to bring it to other cities. She invites DJs from around the globe, many of whom wouldn’t typically play in San Diego, to spin at the party.

“I feel like it’s important to show that something can be successful here,” she says.

Consider this your wake-up call to tap into San Diego’s nightlife scene, whether you want to go dancing or vibe to diverse sounds or have a cocktail in a one-of-a-kind atmosphere. These nine great spots are a sampling of how the city comes alive after dark.

A SMALL station in Manchester that first opened in the 1800s has been crowned the best in the country at the ‘World Cup of Stations’.

It has trackside seating, an Airbnb upstairs and beat 150 stations across the country for the title.

‘The World Cup Of Stations’ was launched in honour of 200 years of railways in Britain and brings attention to the stories behind the stations and how much they’ve changed and brought communities together.

This year there was 150 nominations from across the country, but Irlam in Salford took the title with 4786 votes.

Irlam Station first opened in 1873 and was used for many years although its station building fell into disrepair in the 1980s.

The station itself remained opened to passengers and now sees as many as 350,000 passengers each year.

HAPPY HOLLY-DAYS

The 8 UK holiday parks opening for Christmas this year with £6.62pp stays

BAG IT

Cheap summer 2027 holidays you should book NOW for under £60pp – before prices go up

11 years ago, the station house was restored as part of a £2million project and reopened in March 2015.

It’s much more than a simple station now, as inside is a railway-themed café-bar with train carriage booths.

The 142-year-old signal box has been restored and reopened.

There’s a heritage hub too which has railway artefacts including formerly used locomotives.

In The Station garden is an homage to Harry Potter‘s Platform 9 and three quarters, as well as James the Tank Engine.

Also outside in the Station Art Park are 3D sculptures which ‘reflect the area’s history‘ including a seating area and Hobbit-style cottage.

Back inside the station house is Irlam Café Bar which serves up breakfast, main meals from burgers to toasted sandwiches, salads and even Sunday roasts.

Afternoon tea can be booked from £18.95 and train enthusiasts will love that you can enjoy this in the Signal Box.

It’s also a bar so there are plenty of drinks to try too and seats outside for trainspotting.

Above the train station is an Airbnb – the apartment can sleep up to four people across two bedrooms and guests enter through the Station Master’s Door.

One guest wrote in their review: “The apartment is located in a train station which makes this very special place.”

Another called it a “unique space perfect for train enthusiasts.”

A three-night stay for four in November can be booked for £404 – or £33.67pppn.

Tricia Williams, Managing Director of Northern, said: “The station has a unique charm and is well worth a visit. You can enjoy a meal in the café, take a tour of the gardens to see some amazing 3D artwork and visit the heritage hub.”

The other final four stations in the running were Cardoss in Argyll & Bute, Brookwood in Surrey, Yatton in Somerset and Berney Arms in Norfolk.

Last year’s winner was Ashington in Northumberland which closed in the 1960s and then reopened in 2024.