Kish v. Wright

ELLETT, Chief Justice:

Appellant filed a civil rights action in the state district court under 42 U.S.C., Sec. 1983, against the Utah Division of Corrections for alleged denial of appellant’s rights at the Utah State Prison. This appeal is now before this Court from an order of the trial court granting respondents’ motion to dismiss with prejudice on the ground that the court does not have jurisdiction over a federal civil rights action brought under 42 U.S.C., Sec. 1983; or, in the alternative, that the trial court has discretionary power to refuse jurisdiction of an action brought under this…