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H.R. 10335House119th Congress (2025-2027)In Committee

Restoring Civil Rights Attorney’s Fees Act of 2026

Sponsored by Glenn GrothmanRep. Glenn Grothman (R-WI)
Introduced September 10, 2026

AI-Generated Summary

Updated September 15, 2026 at 8:09 PM UTC

The Restoring Civil Rights Attorney’s Fees Act of 2026 amends the civil rights fee‑shifting statute to broaden the definition of a “prevailing party” for purposes of recovering attorney’s fees. It clarifies that parties who obtain relief through certain court orders, written agreements, or voluntary changes by a defendant or government entity can be considered prevailing. The change applies to civil rights cases pending on enactment or filed thereafter, affecting plaintiffs seeking fee awards and the defendants or agencies they sue.

Key Provisions

  • Adds a new subsection (d) to 42 U.S.C. 1988 that defines a prevailing party as one who obtains relief via (1) a judicial order that resolves the claim or a preliminary injunction that materially changes the parties’ relationship and isn’t later reversed, (2) an enforceable written agreement or consent decree, or (3) a voluntary or unilateral change by the defendant or government that makes the case moot, removes standing, or substantially grants the sought relief.
  • Specifies that the amendment takes effect immediately upon enactment and applies to any civil rights case pending on that date or filed afterward.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 10, 2026

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HouseIntro Referral

Introduced in House

September 10, 2026

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

September 10, 2026

Bill Text

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Introduced in HouseIssued September 10, 2026

I

119th CONGRESS

2d Session

H. R. 10335

IN THE HOUSE OF REPRESENTATIVES

September 10, 2026

Mr. Grothman introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Revised Statutes of the United States to clarify the application of attorney’s fees in certain civil actions, and for other purposes.

1.

Short title

This Act may be cited as the Restoring Civil Rights Attorney’s Fees Act of 2026.

2.

Attorney’s Fees

Section 722 of the Revised Statutes of the United States (42 U.S.C. 1988) is amended by adding at the end the following new subsection:

(d)

For purposes of subsection (b), a party is considered prevailing if it has obtained relief through—

(1)

a judicial order, including any order that conclusively resolves a claim by granting enduring relief on the merits that alters the legal relationship between the parties, or a preliminary injunction or temporary restraining order that materially alters the relationship between the parties and is not reversed and regardless of any subsequent vacatur of the order on mootness grounds;

(2)

an enforceable written agreement or consent decree; or

(3)

a voluntary or unilateral change in position by the defendant, or government office, agency, or official, that renders the action or proceeding moot, deprives the party of standing, or that substantially grants the relief sought by the party.

.

3.

Effective date

This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any case that is—

(1)

pending on such date of enactment; or

(2)

commenced on or after such date of enactment.