The Capitol LedgerEvery move in Congress, on the record
HomeBillsRecordsLedger AI

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

AboutFAQFeedbackTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

The Capitol Ledger

Built from the Congressional Record and Congress.gov. Every summary links to its source.

The projectAboutFAQFeedback
LegalTerms of ServicePrivacy Policy
Follow us onlineInstagram

Summaries are AI-generated from primary sources. Verify anything important against the original record.

All bills
H.R. 10335·119th Congress·Introduced Sep 10, 2026

Restoring Civil Rights Attorney’s Fees Act of 2026

IntroducedCivil Rights and Liberties, Minority IssuesSubstantive
View bill text
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

prominently featuredmoderately complex

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.

GroupImpactMechanismScale
GroupCivil rights plaintiffsImpactIncreased likelihood of recovering attorney's fees.MechanismBroadens the definition of "prevailing party" to include non-judgment resolutions.ScalePotentially significant for individuals pursuing civil rights claims.
GroupCivil rights attorneysImpactGreater assurance of payment for successful outcomes.MechanismReduces financial risk associated with taking on civil rights cases.ScalePositive impact on the financial viability of civil rights legal practices.
GroupDefendants in civil rights cases (e.g., government entities, officials)ImpactIncreased exposure to attorney's fee awards, even in cases resolved voluntarily.MechanismEliminates a potential strategy to avoid fee awards by making voluntary changes.ScaleCould lead to higher legal costs for defendants.

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.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Follow the money
  • Critical analysis
  • Questions to ask
Ask Ledger AI about this