Ralph L. Williams and Mary Jane Williams, His Wife v. Slade Gorton and Sally Gorton, His Wife, Etc.

Ralph Williams, a resident of California, brought this Civil Rights Act ( 42 U.S.C. §§ 1983 , 1985) and diversity defamation action against Slade Gorton, the Attorney General of Washington, and fifty unnamed defendants. The district court dismissed the action on Gorton’s motion. Williams appeals. We affirm in part and reverse and remand in part.

Background

Williams did business as a Chrysler-Plymouth dealer in Seattle through Ralph Williams’ North West Chrysler Plymouth, Inc., of Which he was president. In October 1970, the State of Washington brought a consumer protection action against Williams and the dealership alleging various false, deceptive, misleading, and unfair trade practices in selling new and used cars. In December 1970, the assets of the corporation were seized by the State Department of Revenue for non-payment of taxes, and the dealership was terminated, ending the business.

In May 1972, the state court dismissed the consumer protection action, and the State appealed to the State Supreme Court. Pending the appeal, Gorton, while campaigning for re-election in the Fall of 1972, made many uncomplimentary statements about Williams and the car…