Liability requires that a final policymaker approved both the subordinate's decision and the improper basis for it. Mere failure to discipline is generally insufficient without approval of the reasoning.
The theory succeeds rarely.
Alternative Names:
Ratification|Post-Hoc Approval Theory
Why it Matters?
Approval of the basis rather than merely the outcome is what the theory requires, which means an entity that declined to discipline an officer has not ratified the conduct absent evidence it endorsed the unconstitutional reasoning. That distinction defeats most ratification claims, since post-incident review concluding force was within policy addresses the outcome rather than adopting an unconstitutional rationale. Careful review documentation matters accordingly.
Frequently Confused with
Related terms
Frequently asked questions
What does ratification require?
Does failure to discipline establish ratification?
