A federal judge has ordered Netflix to face a defamation lawsuit from former Central Park Five prosecutor Linda Fairstein, who claims that scenes in “When They See Us” portray her by name and in a “false and defamatory light.”
Judge P. Kevin Castel announced that the defamation lawsuit can proceed Tuesday, providing plausible evidence that Netflix, director Ava DuVernay and writer-producer Attica Locke acted maliciously in writing the show.
Fairstein was portrayed by Felicity Huffman in When They See Us, a four-part series about the 1989 Central Park Five case released on Netflix in 2019.
The miniseries’ story – and that of the Central Park Five – concerns five black men who were wrongfully convicted of an infamous violent sexual assault in 1989.
In Tuesday’s decision in Fairstein v. Netflix, Inc., Judge Castel claimed that the show’s writers emphasized the most negative aspects of Fairstein’s character to heighten dramatic tension.
A federal judge has ordered Netflix to face a defamation lawsuit from former Central Park Five prosecutor Linda Fairstein, who claims that scenes in “When They See Us” depict her by name and in a “false and defamatory light.”
The miniseries’ story – and that of the Central Park Five – concerns five black men who were wrongfully convicted of an infamous violent sexual assault in 1989.
In Tuesday’s decision in Fairstein v. Netflix, Inc., Judge Castel claimed that the show’s writers emphasized the most negative aspects of Farstein’s character to heighten dramatic tension
“Plaintiff Linda Fairstein is the former head of the Sex Crimes Unit in the Manhattan District Attorney’s Office. She claims that scenes in “When They See Us” depict her by name and portray her in a false and defamatory light.
The 67-page decision explains that Netflix, DuVernay and Locke “reverse-engineered plot points to attribute to Fairstein actions, responsibilities and viewpoints that were not hers and are not supported by defendants’ extensive research materials.”
“Defendant Ava DuVernay, 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.”
“This portrayal was based on and supported by both our sources and the viewpoint we expressed.” The Fairstein role is played by well-known actress Felicity Huffman, and in the series the character is portrayed as personally responsible for orchestrating almost every aspect of the Five’s investigations and prosecutions.
The document also states that the recording contains creative notes in which Netflix employees “suggest highlighting the most negative aspects of the Fairstein character to build dramatic tension and advance storytelling goals.”
Additionally, it is alleged that DuVernay and two of her co-authors included sources in extensive research materials that criticized the five’s convictions and the methods of the NYPD and prosecutors, but “these materials do not describe how Fairstein took these actions.”
“In some cases, research attributes these actions to other people by name,” the document continues.
The Manhattan district judge said the jury should have the opportunity to decide whether there was “clear and convincing evidence that the 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 are wrongfully convicted of beating and raping a 28-year-old woman, Trisha Meili became
According to the lawsuit, Fairstein, played by Felicity Huffman (pictured) in the drama, has suffered “irreparable harm” to her professional and personal reputation
Since the release of “When They See Us” in 2019 (pictured, a still from the miniseries), Fairstein has lost a book deal, had to resign from the board of trustees of Vassar College and three nonprofit 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 25th Annual ACLU SoCal Luncheon at the JW Marriott at LA Live, Friday, June 7, 2019
Fairstein – who was head of the Manhattan District Attorney’s Sex Crimes Unit – has argued that the miniseries was defamatory of her
In 2019, Fairstein called the Netflix series “completely fictional” and claimed it was unfairly portrayed. He also pointed out that the Central Park Five members’ other crimes should not be forgotten, even if they were acquitted of rape.
In 2021, the judge ruled that a defamation lawsuit against Netflix and filmmaker Ava DuVernay over the miniseries can be uncovered.
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 raping Trisha Meili in 1989 to have attacked.
Although Fairstein headed the Manhattan District Attorney’s Sex Crimes Unit at the time, she did not personally prosecute the men, whose convictions were later overturned based on DNA evidence and a subsequent confession from another man.
Castel said that while Fairstein’s complaint contained much that was not criminal, she plausibly alleged defamation regarding five scenes.
These include scenes showing her withholding evidence, coercing confessions and leading a racially discriminatory police raid on young men in Harlem.
“These scenes show Fairstein orchestrating misconduct, including withholding evidence, the existence of ‘tapes’ showing that she ‘coerced’ confessions from the Five, an order not to wear ‘kid gloves’ when questioning suspects wear, and the instruction to …” “racially discriminatory police raid of young men in Harlem,” the judge’s opinion says.
“The average viewer might conclude that these scenes have a basis in fact and do not simply reflect the creators’ opinions on controversial historical events.”
In 2002, their convictions were overturned after serial rapist Matias Reyes confessed in prison and his DNA was discovered in some of the victim’s possessions.
The five sued New York City, numerous New York Police Department officers and investigators, 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 $41 million in compensation and the Central Park Five became synonymous with miscarriages of justice and institutional racism in the American legal system.
Since releasing “When They See Us” in 2019, Fairstein has lost a book deal, had to resign from the board of trustees of Vassar College and three nonprofit organizations and faced backlash on social media.
After the series premiered, the hashtag #CancelLindaFairstein began trending, calling for a boycott of Fairstein, then the best-selling crime author.
Fairstein said she was fired by her publisher and forced to resign from the boards of her alma mater Vassar College and three nonprofit organizations, including two that support victims of sexual violence.
The defendants had called Fairstein’s report a “revisionist story” and said the First Amendment right to free speech allowed them to make their case.