Following ‘When They See Us’ backlash, Linda Fairstein sues Ava Duvernay and Netflix for defamation
Article By Amy Darby // EEW Magazine Online // Lawsuits
A former New York City prosecutor is taking legal action against an award-winning director for defamation.
Linda Fairstein is suing Ava Duvernay and Netflix for what she says is a “false and defamatory” portrayal of her in the Netflix miniseries When They See Us that dramatized the events surrounding the notorious Central Park Five case.
The suit says Fairstein was “falsely portrayed in the film series” as one who “singlehandedly masterminds a theory of the case against the children by, among other things: unlawfully interrogating unaccompanied minors; calling for a roundup of ‘young, black thugs;’ manipulating a timeline of events to pin the rape of the Central Park jogger on The Five; referring to people of color as ‘animals;’ directing NYPD detectives to coerce confessions from unaccompanied minors who are beaten while in custody; suppressing DNA evidence; and forcing her colleague to prosecute a meritless case against The Five.’”
The suit also states that “Ms. Fairstein took none of these actions.”
The Netflix miniseries tells the story behind the trials and wrongful imprisonment of Antron McCray, Kevin Richardson, Yusef Salaam, Raymond Santana, and Korey Wise, five teens who were wrongly convicted and imprisoned for the 1989 rape of a Central Park jogger. Their convictions have since been vacated.
(L-R) Raymond Santana Jr., Kevin Richardson, Korey Wise, Ava DuVernay, Antron Mccray, and Yusef Salaam attend the World Premiere of Netflix's "When They See Us" at the Apollo Theater on May 20, 2019 in New York City. (Credit: GETTY)
At the time of the trial, Fairstein headed up the Manhattan District Attorney’s Sex Crimes Unit, and Assistant District Attorney Elizabeth Lederer was the prosecutor.
After the popular miniseries aired, #CancelLindaFairstein began trending online and public outrage grew rapidly. As a result of the backlash, she resigned from the nonprofit boards she served and was dropped by her publisher. Groups that once celebrated Fairstein shunned her, and her name quickly became synonymous with disgrace.
Though DuVernay’s miniseries portrays Fairstein as a lead authority in the case, Fairstein’s complaint says that she “was neither the lead prosecutor nor did she play any role in the courtroom litigation, other than as a witness.”
Fairstein believes When They See Us “was deliberately calculated to create one, clear and unmistakable villain to be targeted for hatred and vilification for what happened to The Five.”
A Netflix spokesperson told CNN: “Linda Fairstein’s frivolous lawsuit is without merit. We intend to vigorously defend When They See Us and Ava DuVernay and Attica Locke, the incredible team behind the series.”