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119th CONGRESS
2d Session |
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.
Mr. Grothman introduced the following bill; which was referred to the Committee on the Judiciary
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.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Restoring Civil Rights Attorney’s Fees Act of 2026”.
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.”.
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.