Linda Fairstein is suing Netflix and Ava DuVernay for defamation over her representation in “When They See Us,” and a judge recently refused their request to dismiss the case.
A federal judge in Manhattan concluded on Monday that Fairstein’s defamation lawsuit for reasonably asserted defamation in 5 scenes from Netflix’s critically acclaimed series about the Central Park 5 case. According to new legal documents acquired by TMZ.
For context, Linda was the lady who assisted in the prosecution of the now-acquitted Central Park 5, and Felicity Huffman portrays her in the Netflix series.
According to the judge’s ruling, many scenes from the series depicts Linda as racist such as when she ordered a police sweep of prospective suspects in Harlem, concealing DNA evidence from the defence, and coercing confessions might be defamatory and thus could not be thrown out at this point in the case.
Linda’s March 2020 lawsuit alleged that the show depicted her as a “racist, unethical villain who is determined to jail innocent children of colour at any cost,” and hence sued Netflix and the show’s director for defamation.
The streaming giant previously dismissed the lawsuit claiming it was frivolous and without merit, adding that the series is protected under the First Amendment. However, the judge determined that the lawsuit may proceed based on her assertions about key moments in the series, although several of Fairstein’s allegations were dismissed.
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