H.R. 10335: Restoring Civil Rights Attorney’s Fees Act of 2026

This bill would change when a person or group can be treated as a “prevailing party” for purposes of getting attorney’s fees in certain civil rights lawsuits under 42 U.S.C. 1988. In plain terms, it would make it easier in some cases for a plaintiff to ask the court to make the other side pay legal fees.

What counts as “winning” a case

The bill says a party is considered to have prevailed if it obtains relief through any of the following:

• A court order that finally resolves a claim by giving lasting relief on the merits, and changes the legal relationship between the parties.
• A preliminary injunction or temporary restraining order, if that order materially changes the relationship between the parties, is not reversed, and even if it is later vacated because the case became moot.
• A written settlement or consent decree that can be enforced.
• A voluntary change by the defendant or government that ends the case, removes the plaintiff’s standing, or substantially gives the plaintiff the relief sought.

What this changes from current practice

The main effect is to broaden the situations where a plaintiff can qualify for attorney’s fees. Under this bill, a case does not necessarily have to end with a final judgment after a full trial for the plaintiff to be treated as having prevailed. In some situations, an early court order, a settlement, or even a defendant’s voluntary policy change could be enough.

When it would apply

The bill would take effect on the date it is enacted and would apply to:

• cases already pending on that date, and
• cases started on or after that date.

Relevant Companies

None found