PRIA Logo™
119-hr-10335119th Congress

Restoring Civil Rights Attorney’s Fees Act of 2026

Sponsored By: Representative Grothman, Glenn [R-WI-6]

Introduced

Summary

This bill would clarify and broaden who counts as a "prevailing party" for attorney's fees under 42 U.S.C. 1988. It defines three ways a plaintiff can be treated as prevailing: a judicial order granting lasting relief, an enforceable written agreement or consent decree, or a defendant's voluntary change that effectively gives the plaintiff the relief sought.

Show full summary
  • Plaintiffs and civil-rights lawyers: Would make fee recovery available not only after final orders but also after certain preliminary injunctions or enforceable settlements. This recognizes more paths to recover attorneys' fees.
  • Defendants and government offices: Could face greater exposure to fee awards when they enter consent decrees, settle with enforceable agreements, or change positions in ways that moot or grant the plaintiff's claims. That may affect how agencies and defendants resolve cases.
  • Courts and case scope: Would direct courts to count some preliminary orders as prevailing if they materially alter the parties' relationship and remain in effect. The change would apply to cases pending on enactment and to cases commenced after enactment.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

More attorney fees for civil rights plaintiffs

If enacted, this bill would define when a plaintiff counts as a 'prevailing party' for attorney fees under 42 U.S.C. 1988(b). You would count as prevailing if you get relief by a court order that gives lasting relief and changes the legal relationship between the parties. You would also count if you win a preliminary injunction or temporary restraining order that materially changes the parties' relationship and is not later reversed. A later vacatur for mootness would not stop prevailing-party status. You would count as prevailing if you get relief through an enforceable written agreement or consent decree. You would also count if a defendant or government actor voluntarily changes position so the case is moot, you lose standing, or you receive most of the relief you sought. If enacted, these rules would make it clearer which civil-rights plaintiffs can seek attorney fee awards.

New fee rules for pending cases

If enacted, the bill would take effect on the date it becomes law. The new definition of prevailing party and related fee rules would apply to any case pending on that date and to any case filed on or after that date. This would make the clarified fee rules immediately available in both ongoing and new civil-rights cases.

Sponsors & CoSponsors

Sponsor

Grothman, Glenn [R-WI-6]

WI • R

Cosponsors

  • Rep. Scanlon, Mary Gay [D-PA-5]

    PA • D

    Sponsored 10/9/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation