Netflix criticises 'frivolous' When They See Us lawsuit from disgraced ex-lawyer
Netflix has criticised a lawsuit from former prosecutor Linda Fairstein who has taken issue with her portrayal in the fact-based drama series When They See Us.
The award-winning series, released in 2019, told the story of the wrongly imprisoned Central Park Five, a group of black and brown youths accused of raping a jogger in 1989. Fairstein, who was the head of the district attorney’s sex crimes unit at the time and since found success as a crime novelist, was instrumental in their conviction.
She has now brought a lawsuit against Netflix and director Ava DuVernay, claiming the four-part series paints her as “a racist, unethical villain who is determined to jail innocent children of color at any cost”. The complaint claims that her portrayal in the series, by Felicity Huffman, is based on a series of “complete fabrications” that are “readily contradicted by evidence in the public record”.
“Throughout the film series, Ms Fairstein is portrayed as making statements that she never said, taking actions that she did not take – many of them racist and unethical, if not unlawful – in places that she never was on the days and times depicted,” the suit reads.
“On a number of occasions, Ms Fairstein is portrayed using inflammatory language, referring to young men of color as ‘thugs,’ ‘animals’ and ‘bastards,’ that she never used.”
Netflix has countered by calling the lawsuit “frivolous” and “without merit” and insisted that the series, and its creators, will be “vigorously” defended.
Since the show was made available last year, Fairstein was dropped by her publisher after resigning from the boards of two non-profits.
She is now seeking damages after claiming that her career is over because of the series along with an apology and a disclaimer added to episodes which she also wants edited to remove offending portions.
“I don’t think there is a question in the minds of anyone present during the interrogation process that these five men were participants, not only in the other attacks that night but in the attack on the jogger,” Fairstein said at the time. She also referred to it as a “brilliant” investigation. The five accused teenagers later stated that their confessions were coerced through intimidation.
“Fairstein wanted to make a name,” appellate court judge Vito Titone later said. “She didn’t care. She wasn’t a human.”
The convictions were later overturned when convicted rapist Matias Reyes confessed to the crime in 2002. The five spent between five and 12 years each in prison.