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Netflix and Ava DuVernay Settle Defamation Lawsuit Over 'When They See Us'

Netflix will donate $1 million to the Innocence Project, and the former prosecutor, Linda Fairstein, will not receive any money

Netflix and Ava DuVernay have settled a lawsuit with Linda Fairstein, a former New York City prosecutor who claimed she was defamed in the mini-series "When They See Us." The series dramatizes the Central Park Five case, where five teenagers were wrongfully convicted of assaulting a jogger in Central Park in 1989.

According to the BBC, as part of the settlement, Netflix will move a disclaimer about the dramatization of certain events from the credits to the beginning of each episode

The agreement was reached just before the trial was set to begin next week.

In a statement, DuVernay expressed her initial desire to go to trial but noted that the prosecutor’s resolution involved a financial payment and a disclaimer stating that the portrayal of her in the series was entirely fabricated.

In her lawsuit, Fairstein claimed that her portrayal by Felicity Huffman in "When They See Us" made her appear as a “racist, unethical villain determined to jail innocent children of color.” After failing to get the case dismissed, U.S. District Judge Kevin Castel found evidence that Netflix and DuVernay were “recklessly indifferent to the truth,” leading to a scheduled trial.

Netflix will donate $1 million to the Innocence Project, and Fairstein will not receive any money.

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