Defamation Case Closed: Netflix and Former Prosecutor Call It a 'When They Sue Us' Settlement

Defamation Case Closed: Netflix and Former Prosecutor Call It a 'When They Sue Us' Settlement

3 minute read
Published: 6/5/2024

The courtroom drama surrounding former Manhattan prosecutor Linda Fairstein and Netflix has officially reached its final act. The two parties have reached a settlement in a defamation case involving Fairstein's portrayal in the 2019 Netflix miniseries "When They See Us".

For those who might need a refresher, Fairstein filed the lawsuit in March 2020. She claimed that the drama series, which depicts the wrongful conviction and imprisonment of five teenagers of color for the 1989 rape and beating of a jogger in Central Park, unfairly tarnished her reputation and attributed actions, responsibilities, and viewpoints to her that she argued were unsupported by evidence. The convictions of the Central Park Five were later overturned due to DNA evidence and a confession by convicted serial rapist Matias Reyes. Fairstein was head of the Manhattan District Attorney’s sex crimes unit at the time, so it’s safe to say she was very intimately involved in the case.

Initially, a trial was scheduled to take place in the Southern District of New York later in June 2024. But it appears that high-stakes courtroom showdowns are more enjoyable to watch on television than in real life. Instead of dragging this legal saga to its conclusion, Netflix has agreed to a settlement, which includes a generous donation of $1 million to the Innocence Project, an organization committed to exonerating wrongly convicted individuals.

Interestingly enough, Linda Fairstein will not receive any money as part of the settlement. However, she described the case as "precedent-setting" and expressed unwavering confidence that they would have emerged victorious if the case had gone to trial. Prosecutors may be known for their confidence, but humility is a rare sight.

In addition to the donation, Netflix has agreed to include a disclaimer in the series, indicating that portions of "When They See Us" are fictionalized. Because nothing says "we're sorry" like a subtle asterisk. Perhaps in the future, Netflix can pivot to producing a miniseries about defamation disputes—imagine the tension, the drama, the vague disclaimers at the end of each episode.

The initial fallout from "When They See Us" was severe for Fairstein. Following the release of the series, she faced significant professional and personal repercussions, including being dropped by her publisher and resigning from her positions at Vassar College and other organizations.

It's worth noting that "When They See Us" was not just a sensational piece of fiction—it was critically acclaimed, nominated for 11 Primetime Emmys in 2019, and took home two awards. That suggests that the portrayal, while contentious, struck a chord with audiences and critics alike.

Despite the terms of the settlement, the series remains an impactful testimonial to the systemic failures in the justice system. While Fairstein views the lawsuit as precedent-setting, Netflix's $1 million donation to the Innocence Project could be seen as equally precedent-setting—perhaps as a cautionary tale for content creators and legal departments moving forward.

As the legal dust settles, one can’t help but ponder the numerous ironies involved. A defamation lawsuit that wasn't entirely about money, a series renowned for its commitment to truthfulness requiring a disclaimer, and a former prosecutor reaching a settlement on the very doorstep of the courtroom. In short, reality offered a plot twist worthy of a Netflix series. Maybe we should stay tuned for the sequel.