Netflix faces libel lawsuit for racist portrayal of ex-Manhattan prosecutor in series: Federal judge

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NEW YORK (Reuters) – A federal judge said on Monday that Netflix Inc faces a defamation lawsuit from former Manhattan prosecutor Linda Fairstein for portraying it as a racist and unethical villain in “When They See Us,” a 2019 series on the Central Park Five affair.

U.S. District Judge Kevin Castel in Manhattan said Fairstein plausibly alleged defamation in five scenes, including that she withheld evidence, forced confessions and led a racial police raid on young men in Harlem.

“The average viewer might conclude that these scenes have a factual basis and do not simply reflect the creators’ opinions on controversial historical events,” the judge wrote.

Castel said Fairstein could also sue for libel against the director of the series, Ava DuVernay, and against Attica Locke, writer and producer, and civil lawsuits for conspiracy against the three defendants. He rejected certain other claims.

“We will continue to vigorously defend ‘When They See Us’ and the incredible team behind the series, and we are confident that we will prevail against Ms. Fairstein’s few remaining claims,” ​​Netflix said in a statement.

The Los Gatos, Calif., Company was responding to requests for comment on behalf of all defendants.

Fairstein’s attorney, Andrew Miltenberg, said he was “exceptionally satisfied” with the decision, saying the four-part series falsely portrayed his client as “engaging in coercive and discriminatory behavior in order to build a case. against innocent young men of color “.

Fairstein was heading the sex crimes unit of the Manhattan District Attorney’s Office in April 1989 when a 28-year-old white jogger, later identified as Trisha Meili, was beaten and raped in Central Park.

Five black and Hispanic teenagers were convicted and spent five to 13 years in prison before being exonerated in 2002 when another man confessed to the crime.

They reached a $ 41 million civil settlement in 2014 with New York City, which did not admit wrongdoing.

The case has long been at the center of discussions on crime and racism.

After the series premiere, a hashtag #CancelLindaFairstein called for a boycott of then-successful detective novelist Fairstein.

Fairstein said she was abandoned by her publisher and forced to resign from the boards of her alma mater Vassar College and three nonprofits, including two that support victims of sexual violence.

The defendants called Fairstein’s account a “revisionist story” and said their First Amendment free speech rights allowed them to present their point of view.

The case is Fairstein v. Netflix Inc et al, US District Court, Southern District of New York, # 20-08042.

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