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.
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.
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.
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
How terms are set
Rates and terms are set by the capital provider and written in the provider’s agreement before signing.
How the process works for civil rights claims
- STEP 1ApplySubmit case information including the nature of the constitutional violation and the government defendant.
- STEP 2EvaluationKey factors: nature of the violation, injury severity, jurisdiction's history with § 1983 awards, and qualified immunity posture.
- STEP 3Provider decisionIndependent capital providers review the file, decide whether to fund and set their own terms. Criterica Capital does not make the funding decision.
- STEP 4Provider agreementIf a provider funds the case, the provider's agreement states how and when funds are paid.
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.
Civil rights cases often take 24 to 48 months given qualified-immunity motion practice and the interlocutory appeals it can generate.
Civil Rights Funding: common questions
Qualified immunity is a real litigation risk that is factored into underwriting. Cases where the constitutional violation is clearly established and the immunity defense is weak are better candidates for funding than cases with significant immunity exposure. Your attorney's assessment of immunity risk is a key underwriting input.
Yes, through Bivens claims or specific federal statutes. Federal cases proceed differently from § 1983 claims. Contact us with your specific case and Criterica Capital will review it.
Request funding for your case.
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.