A judge ruled on Monday that former prosecutor Linda Fairstein has a plausible claim that she was defamed by “When They See Us,” the Netflix series from Ava DuVernay about the Central P…
sued Netflix, DuVernay and writer Attica Locke in March 2020
U.S. District Judge Kevin Castel dismissed a handful of Fairstein’s allegations, but he held that the show had depicted Fairstein in a way that could be defamatory in five scenes. “Every young black male who was in the park last night is a suspect in the rape of that woman who is fighting for her life right now,” Fairstein’s character says on the show. “You go into those projects and you stop every little thug you see.”
Fairstein is also depicted as encouraging the use of coercive interrogation tactics, creating a timeline that would guide the prosecution’s theory of the case, and suggesting that DNA evidence be withheld from the defense. The series also shows another prosecutor confronting Fairstein, and saying “you knew you coerced those boys into saying what they did.”
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