Pre-settlement funding: Constitutional Claims

Pre-settlement funding for civil rights claims.

Claims under 42 U.S.C. § 1983 and related statutes. Police misconduct, excessive force, unlawful arrest, and First and Fourth Amendment violations.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Overview

How civil rights cases are reviewed

Civil rights litigation under 42 U.S.C. § 1983 provides a remedy for violations of constitutional rights by state actors. Cases typically involve law enforcement misconduct: excessive force, unlawful search and seizure, unlawful arrest, deliberate indifference to medical needs, and First Amendment retaliation. Government defendants often assert qualified immunity, which extends litigation timelines. Pre-settlement funding is particularly valuable in civil rights cases given the combination of lengthy litigation and the inability of many plaintiffs to work during or after the incident.

Police use of excessive force, including officer-involved shootings and in-custody deaths
Unlawful arrest, false imprisonment, and malicious prosecution
Illegal search and seizure under the Fourth Amendment
First Amendment retaliation by government actors
Qualifying criteria

What makes a qualifying case

Not every claim is a fit for funding. These are the factors our review weighs most heavily for this case type. Meeting them does not guarantee that a provider will fund.

A constitutional violation by a state actor under § 1983 (or a federal actor via Bivens), such as excessive force or unlawful arrest
A clearly established right where the qualified-immunity defense is weak
Documented injury or harm resulting from the violation
Retained counsel experienced in civil rights litigation

Requirement 1

Filed § 1983 or Bivens claim with retained counsel

Requirement 2

Documented harm from the constitutional violation

Requirement 3

A clearly established right with manageable immunity exposure

Terms

How terms are set

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Process

How the process works for civil rights claims

  1. STEP 1
    Apply
    Submit case information including the nature of the constitutional violation and the government defendant.
  2. STEP 2
    Evaluation
    Key factors: nature of the violation, injury severity, jurisdiction's history with § 1983 awards, and qualified immunity posture.
  3. STEP 3
    Provider decision
    Independent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
  4. STEP 4
    Provider agreement
    If a provider funds the case, the provider's agreement states how and when funds are paid.
Underwriting

How we underwrite this case type

Civil rights underwriting gives significant weight to qualified-immunity exposure, which is the principal litigation risk in § 1983 cases. We assess whether the constitutional right was clearly established and how strong the immunity defense is, alongside the severity of the harm and the jurisdiction's history with civil rights awards. Cases with clear violations and weak immunity defenses are stronger funding candidates; the extended timelines typical of these matters are priced in.

Typical timeline

Civil rights cases often take 24 to 48 months given qualified-immunity motion practice and the interlocutory appeals it can generate.

FAQ

Civil Rights Funding: common questions

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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