Sponsor
Glenn Grothman
Representative · R-WI
Representative · R-WI
The bill makes it easier for prevailing civil-rights plaintiffs to recover attorney fees and pushes defendants toward settlements and clearer fee rules, but it raises potential taxpayer costs and could chill defendants from litigating novel claims or encourage tactical, preliminary-relief-focused lawsuits.
Plaintiffs in §1983/§1988 civil-rights cases (including racial-ethnic minorities, people with disabilities, and immigrants) are more likely to recover attorney's fees when they secure lasting relief, reducing their out-of-pocket litigation costs.
State and local governments and other defendants are more likely to negotiate settlements or change policies when sued because voluntary changes can trigger fee awards, which can speed remedies and reduce protracted litigation.
Courts and litigants get clearer statutory standards for awarding fees (who qualifies as a 'prevailing party'), which reduces litigation over fee entitlement and lowers uncertainty in fee disputes.
Taxpayers and government budgets may face higher costs because government entities could be liable for more fee awards if a larger share of plaintiffs qualify as prevailing parties.
Private and government defendants may be deterred from litigating novel or important legal claims out of fear of fee exposure when they temporarily lose preliminary relief that is later vacated, chilling legal defenses and development.
Plaintiffs (and opportunistic litigants) may be incentivized to pursue strategic litigation focused on obtaining preliminary relief or procedural mootness to secure fee awards rather than litigating merits, encouraging tactical filings.
Based on analysis of 3 sections of legislative text.
Clarifies and expands what counts as a "prevailing party" under 42 U.S.C. § 1988(b), making attorney’s-fee awards more broadly available when relief is obtained by order, settlement, or defendant concession.
Official title: 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.
Introduced September 10, 2026 by Glenn Grothman · Last progress September 10, 2026
Clarifies when a plaintiff is a "prevailing party" for awarding attorney’s fees under 42 U.S.C. § 1988(b) by expressly listing three ways a plaintiff can prevail: a judicial order granting enduring relief on the merits (including certain preliminary injunctions/TROs), an enforceable settlement or consent decree, or a defendant’s voluntary change in conduct that effectively grants the relief sought. The change is intended to make fee awards more available in civil-rights litigation. The law takes effect on enactment and applies to cases pending on that date and cases filed afterward.