General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

Civil Rights — No Win No Fee

United States (federal and general)Last reviewed 2 August 2026

Civil rights cases — including police misconduct, excessive force, and wrongful arrest — can be pursued on a contingency fee basis. Federal fee-shifting under 42 U.S.C. § 1988 allows prevailing plaintiffs to recover attorney fees, making no-upfront-cost representation possible.

What Is Section 1983?

Direct Answer: Section 1983 (42 U.S.C. § 1983) allows individuals to sue state actors who violate their constitutional rights. Civil rights attorneys often work on contingency, and fee-shifting under 42 USC § 1988 allows courts to award attorney fees to prevailing plaintiffs — making these cases financially viable.

42 U.S.C. § 1983 provides a cause of action against any person who, acting under colour of state law, deprives another of rights secured by the Constitution or federal law. Originally enacted as part of the Civil Rights Act of 1871, it is the most commonly used statute for challenging unconstitutional government conduct, particularly by law enforcement.

Common Civil Rights Cases

  • Excessive force — use of unreasonable force by police, analysed under the Fourth Amendment (Graham v. Connor)
  • Wrongful arrest/false imprisonment — arrest without probable cause
  • First Amendment violations — retaliation for protected speech, assembly, or religion
  • Due process violations — denial of fair procedures by government actors
  • Conditions of confinement — cruel and unusual conditions in prisons and jails (Eighth Amendment)
  • Racial profiling and discrimination — Equal Protection Clause violations

Qualified Immunity

Qualified immunity is a judicially created doctrine that protects government officials from civil liability unless their conduct violated "clearly established" statutory or constitutional rights that a reasonable person would have known. Courts often resolve qualified immunity at the motion-to-dismiss stage, making it a significant barrier in civil rights litigation.

Fee-Shifting Under § 1988

42 U.S.C. § 1988 authorises courts to award reasonable attorney fees to prevailing parties in civil rights cases. This provision is critical to ensuring access to justice: without fee-shifting, many civil rights cases would be economically unviable. The fee is paid by the losing defendant, separate from any damages awarded to the plaintiff.

Frequently Asked Questions

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.