Pre-settlement funding for civil rights plaintiffs.
Claims under 42 U.S.C. § 1983 and related statutes. Police misconduct, excessive force, unlawful arrest, and First and Fourth Amendment violations.
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.
Not every claim is a fit for funding. The factors below are the ones our underwriting team weighs most heavily when evaluating this case type. Meeting them does not guarantee approval, but it indicates a claim well-suited for a pre-settlement advance.
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.
Civil rights cases often take 24 to 48 months given qualified-immunity motion practice and the interlocutory appeals it can generate.