RATIFICATION AS AN EXCEPTION TO THE § 1983 CAUSATION REQUIREMENT: PLAINTIFF'S OPPORTUNITY OR ILLUSION

George M. Weaver

Abstract

Ratification has been recognized as a viable theory of 42 U.S.C. § 1983 liability. It deserves attention because it is the only theory of § 1983 liability that appears to relax the strict requirement of proximate causation. This article reviews this proximate causation requirement and argues that ratification, although not without problems, offers potential advantages to plaintiffs and should be more widely used.