Restoring Civil Rights Attorney’s Fees Act of 2026

This bill amends Section 722 of the Revised Statutes (42 U.S.C. 1988) to clarify the definition of a "prevailing party" for the purpose of awarding attorney's fees in certain civil actions. The legislation specifies three primary ways a party can be considered prevailing to ensure broader access to fee recovery.

A party is deemed prevailing if they obtain relief through a judicial order, including those granting enduring relief on the merits or certain preliminary injunctions, even if subsequently vacated on mootness grounds. Additionally, relief obtained through an enforceable written agreement or consent decree qualifies a party as prevailing. Finally, a party is considered prevailing if the defendant's voluntary or unilateral change in position renders the action moot, deprives standing, or substantially grants the relief sought. These amendments will apply to all cases pending on or commenced after the act's effective date.