Netflix, Ava DuVernay Reach Settlement With Former Prosecutor In Defamation Lawsuit Over “When They See Us”

The defamation lawsuit filed by former Manhattan Prosecutor Linda Fairstein against Netflix regarding her portrayal in the 2019 miniseries “When They See Us” has been settled. Fairstein had alleged that the series, directed by Ava DuVernay, defamed her by depicting her as a “racist, unethical villain” and assigning her actions and viewpoints that she says were not hers.

The case, which was scheduled for trial later this month, was resolved with Netflix agreeing to donate $1 million to the Innocence Project, NBC News reports. Notably, Fairstein will not receive any monetary compensation from the settlement.

In a statement following the settlement on social media platform X, DuVernay criticized Fairstein, asserting that the former prosecutor opted for a settlement rather than facing cross-examination in court. DuVernay reiterated her belief that Fairstein was responsible for the investigation and prosecution of the Central Park Jogger case, which led to the wrongful conviction of five Black and Latino teenagers.

“I believe that Linda Fairstein was responsible for the investigation and prosecution of the Central Park Jogger case that resulted in the wrongful conviction of five innocent Black and Brown boys,” DuVernay’s post said in part.

“As the head of the Manhattan Sex Crimes unit, Linda Fairstein was in the precinct for over 35 hours straight while the boys were interrogated as adults, often without parents present,” she said, claiming that Fairstein knew what was happening in the interrogation rooms.

After the series’ release, Fairstein was dropped from her publisher and resigned from Vassar College’s board of trustees and other organizations due to the public backlash over her involvement in the case.

The series “When They See Us” dramatizes the real-life story of the wrongful conviction and imprisonment of five Black teenagers for the 1989 rape and assault of a jogger in Central Park, with their convictions later overturned by DNA evidence. The city of New York eventually settled with the exonerated men for $41 million.