Ratification

What It Is

Ratification is one path to municipal liability under Monell. It applies when a city’s final policymaker reviews an employee’s unconstitutional conduct and approves it — either explicitly or by choosing not to act when action was clearly required.

The key case is City of St. Louis v. Praprotnik, 485 U.S. 112 (1988).

How It Works

To prove ratification, you must show:

1. An employee committed a constitutional violation — for example, an officer used excessive force.
2. A final policymaker learned about the specific conduct — the policymaker must have known what actually happened, not just a sanitized version.
3. The policymaker approved or endorsed the conduct — through an explicit decision, a failure to discipline, or a public statement defending the action.

What Counts as Ratification?

• A police chief reviews body camera footage of an officer beating a handcuffed suspect and declares the force was appropriate ✅
• The city council reviews a complaint about an unconstitutional arrest policy and votes to keep the policy ✅
• A supervisor conducts a perfunctory investigation and clears the officer without meaningfully reviewing the evidence — courts are split, but some find this sufficient ⚠️

What Does NOT Count

• A low-level supervisor approving the conduct — the person must be a final policymaker as defined by state or local law
• Mere failure to discipline without actual knowledge of the constitutional violation
• A policymaker disagreeing with the conduct but lacking authority to change it

Key Cases

• City of St. Louis v. Praprotnik, 485 U.S. 112 (1988) — Ratification by a final policymaker can establish Monell liability.
• Gillette v. Delmore, 979 F.2d 1342 (9th Cir. 1992) — A policymaker’s approval of unconstitutional conduct after a meaningful review can constitute ratification.

Practical Tips

• Identify the final policymaker. This is determined by state or local law — it might be the police chief, city manager, or city council depending on the jurisdiction. See final policymaker.
• Get the investigation file. Request internal affairs records during discovery to show what the policymaker knew and decided.
• Look for public statements. Did the chief or mayor publicly defend the officer’s actions? That can be powerful evidence of ratification.
• Ratification is claim-specific. The policymaker must have ratified the specific constitutional violation, not just general job performance.

Key Takeaway

When a final policymaker approves an officer’s unconstitutional conduct after learning what happened, the city itself becomes liable. Focus on showing what the policymaker knew and what they decided.