Kenneth Dale Nicodemus
2014 WY 135
| Wyo. | 2014Background
- Nicodemus pled guilty in 1992 to two counts of first-degree murder and one count of felony larceny, resulting in two consecutive life sentences and an additional consecutive 8–10 year term.
- In 2010, Wyoming amended § 7-16-205(a)(i) to require 10% of prison-labor earnings be credited to a mandatory savings account until the balance reaches $1,000, after which funds are payable to the inmate under other subsections.
- When the amendment took effect in July 2010, the Department of Corrections began withholding 10% of Nicodemus’ earnings for the savings account.
- On October 20, 2011, Nicodemus filed a 42 U.S.C. § 1983 action alleging due process violations from the withholding and asserting the statute excluded inmates like him (life without parole) from the withholding provision.
- The district court dismissed the suit on March 14, 2012, holding Nicodemus’ life sentences were not excluded from withholding and that § 7-16-205(a)(i) applied; Nicodemus later moved for relief under Rule 60(b)(5)–(6), which the district court denied in April 2013; Nicodemus timely appealed the Rule 60(b) denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bear Cloud II controls the § 7-16-205(a)(i) interpretation. | Nicodemus argues Bear Cloud II affects the meaning of life without parole. | The district court did not rely on Bear Cloud II for its interpretation. | No abuse; Bear Cloud II not controlling for this civil-suit issue. |
| Whether failure to receive the defendants’ response deprived Nicodemus of due process. | Nicodemus claims lack of response prevented meaningful reply. | Due process not violated without showing substantial prejudice. | No due process violation. |
| Whether the district court abused its discretion in denying the Rule 60(b) motion. | Nicodemus contends the ruling relied on Bear Cloud I and is incorrect. | Court properly applied law; Bear Cloud II did not alter result. | No abuse of discretion; Rule 60(b) motion denied. |
Key Cases Cited
- Bear Cloud v. Wyoming, 275 P.3d 377 (Wyo. 2012) (statutory interpretation under life without parole context; life-without-parole designation limits parole)
- Bear Cloud v. Wyoming, 294 P.3d 36 (Wyo. 2013) ( Bear Cloud II; juvenile-life-parole considerations not applicable to Nicodemus’ civil suit)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (relevance to life-without-parole considerations for juveniles)
- Brush v. Davis, 315 P.3d 648 (Wyo. 2013) (due process and procedural-rule considerations in 6(c) contexts)