Former Manhattan prosecutor Linda Fairstein reaches a settlement with Netflix in defamation case


Former Manhattan Prosecutor Linda Fairstein and Netflix announced Tuesday that they have reached a settlement in the defamation case she filed against the streaming platform for her portrayal in the 2019 miniseries “When They See Us.”

Fairstein filed the lawsuit in March 2020, less than a year after the series directed by Ava DuVernay debuted on Netflix. The defamation case was set to go to trial later this month.

“The parties announce that they have resolved this lawsuit. Netflix will donate $1 million to the Innocence Project. Ms. Fairstein will not receive any money as part of this settlement,” Netflix, DuVernay, Attica Locke and Fairstein said in a joint statement.

Following the series’ release, Fairstein was dropped by her publisher and resigned from her position on Vassar College’s board of trustees and from organizations after backlash over her role in the infamous “Central Park Five” case.

The series tells 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 was eventually used to overturn their convictions. The city ultimately agreed in a legal settlement to pay the exonerated men $41 million.

Fairstein, who was the head of the Manhattan District Attorney’s sex crimes unit at the time of the case, felt she was unfairly portrayed in the Netflix series.

“Today, after nearly five years of litigation, Netflix, Ava DuVernay and Attica Locke — those responsible for the 2019 Series “WHEN THEY SEE US” — agreed to a resolution of my defamation lawsuit,” Fairstein said in a statement to NBC News. “The decision to conclude this fight was not an easy one. We were prepared to present a compelling case to the jury, as articulated by Federal District Judge Kevin Castel in his powerful decision dismissing the defendants’ summary judgment claim.”

Adding, “The defendants sought to portray me as the Series’ villain and, in doing so, ‘reverse-engineered plot points to attribute actions, responsibilities and viewpoints’ to me that were not mine, nor were they supported by a single piece of evidence in the defendants’ so-called substantial research materials.”

Andrew Miltenberg, an attorney for Fairstein, said the case was “precedent-setting.

“It represented the first time that a defamation case concerning a dramatic streaming series has advanced through summary judgment and stood at the brink of trial. We are confident that we would have won.”

This article was originally published on NBCNews.com

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