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A federal judge has ordered Netflix to face a defamation lawsuit by former Central Park Five prosecutor Linda Fairstein, who asserts that the scenes in ‘When They See Us’ depict her by name and portray her in a ‘false and defamatory light’.
Judge P. Kevin Castel announced that the libel lawsuit can go forward on Tuesday, indicating plausible evidence that Netflix, director Ava DuVernay and writer-producer Attica Locke acted maliciously in their writing of the show.
Fairstein was portrayed by Felicity Huffman in ‘When They See Us,’ a four-episode series about the 1989 Central Park Five case, that was released on Netflix in 2019.
The story of the miniseries – and that of the Central Park Five – concerns five Black men who were wrongfully convicted of what became an infamous violent sexual assault in 1989.
In Tuesday’s decision in Fairstein v. Netflix, Inc., Judge Castel claimed that the writers of the series emphasized the most negative aspects of Fairstein’s character in order to heighten dramatic tension.
A federal judge has ordered Netflix to face a defamation lawsuit by former Central Park Five prosecutor Linda Fairstein, who asserts that the scenes in ‘When They See Us’ depict her by name and portray her in a ‘false and defamatory light’
The story of the miniseries – and that of the Central Park Five – concerns five Black men who were wrongfully convicted of what became an infamous violent sexual assault in 1989.
In Tuesday’s decision in Fairstein v. Netflix, Inc., Judge Castel claimed that the writers of the series emphasized the most negative aspects of Farstein’s character in order to heighten dramatic tension
‘Plaintiff Linda Fairstein is the former head of the Sex Crimes Unit in the Manhattan District Attorney’s Office. She asserts that scenes in ‘When They See Us’ depict her by name and portray her in a false and defamatory light.’
The 67-page decision declares that Netflix, DuVernay and Locke ‘reverse-engineered plot points to attribute actions, responsibilities and viewpoints to Fairstein that were not hers and are unsupported in defendants’ substantial body of research materials.’
‘Defendant Ava DuVernay, who is the writer, director and producer of the series, has stated that Fairstein ‘represents the criminal justice system, and the criminal justice system is the villain in the Series.’
‘That portrayal was grounded in, and supported by, both our sources and the point of view we were expressing.’ The Fairstein role is performed by the well-known actress Felicity Huffman, and, in the series, the character is portrayed as personally responsible for orchestrating nearly every aspect of the investigation and prosecution of the Five.’
The document also notes that the record contains creative notes in which Netflix employees ‘suggest heightening the most negative aspects of the Fairstein character to build dramatic tension and advance storytelling goals.’
Additionally, it claims that extensive research materials used by DuVernay and two of her co-writers included sources critical of the Five’s convictions and the techniques of the NYPD and prosecutors, but ‘these materials do not describe Fairstein taking these actions.’
‘In some instances, the research attributes these actions to other individuals by name,’ the document added.
The Manhattan district judge said jurors should have the chance to choose whether there was ‘clear and convincing evidence that defendants were recklessly indifferent to the truth.’
Pictured: Filmmaker Ava DuVernay, who was behind ‘When They See Us,’ a Netflix miniseries that tells the story of the ‘Central Park Five’ who were wrongly convicted of beating and raping a 28-year-old woman Trisha Meili
According to the suit Fairstein, played by Felicity Huffman (pictured) in the drama, has suffered ‘irreparable damage’ to her professional and personal reputation
Since the 2019 release of When They See Us (pictured, a still grab from the miniseries), Fairstein has lost a book contract, was forced to resign from the Board of Trustees for Vassar College and three non-profit organizations, and faced backlash on social media where the hashtag ‘CancelLindaFairstein’ was once trending
From left, honorees Antron McCray, Raymond Santana, Yusef Salaam, Kevin Richardson and Korey Wise pose together at the ACLU SoCal’s 25th Annual Luncheon at the JW Marriott at LA Live, Friday, June 7, 2019
Fairstein – was was the head of the Manhattan District Attorney’s sex crimes unit – has argued the miniseries is defamatory towards her
In 2019, Fairstein slammed the Netflix series as an ‘outright fabrication’, claiming she was unfairly portrayed and noting that the Central Park Five members other crimes should not be forgotten despite them being cleared of rape.
In 2021, the judge ruled that a libel complaint against Netflix and filmmaker Ava DuVernay over the miniseries can move forward to discovery.
Fairstein was head of the Manhattan District Attorney’s sex crimes unit when Raymond Santana, 14, Kevin Richardson, 15, Antron McCray, 15, Yusef Salaam, 15, and Korey Wise, 16, were accused of raping and attacking Trisha Meili in 1989.
While Fairstein was the head of the Manhattan District Attorney’s sex crimes unit at the time, she didn’t personally prosecute the men whose convictions were later quashed based on DNA evidence and a later confession by another man.
Castel said that while there was much in Fairstein’s complaint that could not be actionable, she had plausibly alleged defamation relating to five scenes.
These include scenes in which she is shown as having withheld evidence, coerced confessions and directed a racially discriminatory police roundup of young men in Harlem.
‘These scenes depict Fairstein as orchestrating acts of misconduct, including the withholding of evidence, the existence of ‘tapes’ showing that she ‘coerced’ confessions from the Five, an instruction not to use ‘kid gloves’ when questioning suspects, and directing a racially discriminatory police roundup of young men in Harlem,’ states the judge’s opinion.
‘The average viewer could conclude that these scenes have a basis in fact and do not merely reflect the creators’ opinions about controversial historical events.’
In 2002 their convictions were vacated following the prison confession of serial rapist Matias Reyes and the discovery of his DNA on some of the victim’s belongings.
The five sued New York City, scores of New York Police Department officers and detectives and three prosecutors including Fairstein.
Pictured: Linda portrayed in a scene in When They See Us
The case was settled in 2014 when the men received a $41 million settlement and the Central Park Five became a byword for miscarriage of justice and institutional racism in America’s legal system.
Since the 2019 release of When They See Us, Fairstein has lost a book contract, was forced to resign from the Board of Trustees for Vassar College and three non-profit organizations, and faced backlash on social media.
After the series’ premiere, a hashtag #CancelLindaFairstein started trending, calling for a boycott of Fairstein, then a best-selling crime novelist.
Fairstein said she was dropped by her publisher and forced to resign from boards of her alma mater Vassar College and three nonprofits, including two that support victims of sexual violence.
The defendants had called Fairstein’s account ‘revisionist history’ and said the First Amendment free speech rights allowed them to present their viewpoint.
