Restoring Civil Rights Attorney’s Fees Act of 2026
- Sponsor
- Rep. Grothman, Glenn [R-WI-6]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 10, 2026
Bottom line
The bill aims to ensure that plaintiffs in civil rights cases can recover attorney's fees even if their case is resolved without a final judgment on the merits, particularly when the defendant voluntarily provides the sought relief.
What it actually does
This bill amends 42 U.S.C. 1988 to broaden the definition of a "prevailing party" in civil rights actions, making it easier for plaintiffs to recover attorney's fees. It specifies that a party is considered prevailing if they obtain relief through a judicial order, an enforceable written agreement, or a voluntary change in position by the defendant that substantially grants the relief sought. This clarifies and expands the circumstances under which attorney's fees can be awarded.
Proponents argue
Supporters argue that this bill restores the original intent of civil rights attorney's fees statutes, ensuring that individuals whose rights have been violated are fully compensated for their legal costs, even when defendants strategically avoid formal judgments by offering voluntary relief. They contend it incentivizes defendants to settle and provides access to justice for those who might otherwise be deterred by high litigation costs.
Opponents contend
Opponents might argue that this expansion could lead to an increase in litigation or demands for attorney's fees in cases where the defendant's actions were not a direct result of the lawsuit, or where the relief obtained is minimal. They might express concerns about encouraging frivolous lawsuits or creating an undue burden on government entities and other defendants.
The bill is very short and directly addresses a specific legal point, making it highly accessible for any reader to understand its core purpose.
Section 2, amending 42 U.S.C. 1988(b) by adding subsection (d).
Clarification of "Prevailing Party" Definition for Attorney's Fees
This section defines what it means to be a "prevailing party" for the purpose of recovering attorney's fees in civil rights cases under 42 U.S.C. 1988. It states that a party prevails if they achieve relief through a judicial order (even preliminary injunctions or temporary restraining orders not reversed, or orders vacated on mootness grounds), an enforceable written agreement (like a settlement or consent decree), or if the defendant voluntarily changes their position, making the case moot but substantially granting the relief the plaintiff sought.
Supporters argue
Supporters argue this provision is crucial for ensuring access to justice, as it prevents defendants from evading attorney's fees by making voluntary changes that resolve the case without a formal judgment. They contend it aligns with the purpose of 42 U.S.C. 1988 to encourage private enforcement of civil rights.
Critics contend
Opponents might argue that this provision could incentivize plaintiffs to file lawsuits even when defendants are already considering or implementing changes, solely to secure attorney's fees. They may also contend it could lead to disputes over whether a defendant's voluntary change was "substantially" granting the relief sought, increasing litigation over fees.
Tradeoffs
The provision balances the goal of ensuring access to justice and compensating plaintiffs for legal costs in civil rights cases against concerns about potentially increasing litigation over attorney's fees or burdening defendants who make voluntary changes.