Former Manhattan Prosecutor Linda Fairstein and Netflix have reached a settlement in the defamation case she filed against the streaming platform over her portrayal in the 2019 miniseries “When They See Us.” The lawsuit was filed in March 2020, less than a year after the series directed by Ava DuVernay premiered on Netflix and was set to go to trial later this month. Following the series’ release, Fairstein faced backlash and was dropped by her publisher and resigned from her position on Vassar College’s board of trustees and from other organizations due to her involvement in the “Central Park Five” case.
The series depicts the true story of five Black teenagers who were wrongly convicted and imprisoned for the 1989 rape and beating of a white jogger in New York City’s Central Park. DNA evidence later overturned their convictions, and the city eventually agreed to pay the exonerated men $41 million in a legal settlement. As the head of the Manhattan District Attorney’s sex crimes unit at the time, Fairstein believed she was unfairly portrayed in the Netflix series, leading to her decision to pursue legal action against the platform and its creators.
Fairstein expressed in a statement to NBC News that after nearly five years of litigation, she, Netflix, Ava DuVernay, and Attica Locke, who were responsible for the series, reached an agreement to end the defamation lawsuit. She noted that the decision was not an easy one, as they were prepared to present a strong case to a jury. Fairstein also argued that the defendants depicted her as the series’ villain and attributed actions, responsibilities, and viewpoints to her that were not supported by evidence in their research materials.
The attorney representing Fairstein, Andrew Miltenberg, stated that the case was “precedent-setting,” and that Netflix would be making a contribution to the Innocence Project as part of the settlement. The details of the agreement and the amount of compensation involved were not disclosed in the announcement of the settlement. Fairstein’s legal action against Netflix and the creators of “When They See Us” reflects the ongoing debate over the responsibilities of filmmakers in portraying real-life figures and events accurately and ethically.
The series sparked discussions about the criminal justice system, racial bias, and the consequences of wrongful convictions, leading to increased attention on the case of the Central Park Five. The settlement between Fairstein and Netflix may have broader implications for how media companies approach storytelling based on true events and the potential legal consequences of their representations. The resolution of this high-profile case highlights the complexities and controversies surrounding the retelling of historical events in a fictionalized format and the possible impact on the lives of individuals connected to those events.
