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When the issue of all caps name in a case caption first came out I attempted to locate, to no avail, a discussion in American Jurisprudence 2d on the topic. I was interested in the general principals of law with regard to case captions. I was reviewing case law on a different topic and came across a case in which the court had to deal with a case caption.

Here is what happened. A plaintiff named Valdez sued the City and County of Denver and several police officers. During the course of the proceedings, the parties stipulated to the dismissal of the 42 USC 1983 claim and all claims against the officers. Valdez v. City and County of Denver, 764 P.2d 393 (Colo.App. 1985). The parties agreed that the action would be retitled to name the City as defendant and that all claims would proceed against the City only. Id. @ 394. The Court found against the officers and the City. The City appealed and argued, “that the claim for assault and battery which was originally asserted only against the officers did not survive the stipulation which dismissed the officers as parties.” Id. @ 395. The Appellate Court disagreed saying, “The stipulation stated that: “From this date forward, the action will be entitled Daniel P. Valdez, plaintiff v. City & County of Denver, defendant. All claims will proceed against the City & County of Denver only.” (emphasis added) We interpret this statement as an agreement by City to substituted as the defendant in those claims Valdez originally made against the officers, . . .” Id. @ 394-5.

What I gleaned from this case is: 1) The case caption defines the parties; 2) It cannot be changed but by stipulation of the parties; 2) When we allow a case to move forward containing a name of war, name of an artificial or dead person we may have made a tacit stipulation to be treated as one of these statuses; 3) It may be a possibility that the case caption may limit, or not limit, what causes of action may move forward.

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