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In the series, Fairstein was portrayed by Felicity Huffman. The lawsuit further alleged that the script invented fictional dialogue in order to “mischaracterize” Fairsteain as a racist. The suit reportedly stated, “On a number of occasions, Ms. Fairstein is portrayed using inflammatory language, referring to young men of color as ‘thugs,’ ‘animals’ and ‘bastards,’ that she never used.”
In 2024, Fairstein and Netflix settled their lawsuit. Per Variety, the settlement included Netflix agreeing to donate $1 million to the Innocence Project, a non-profit organization that works to free people who are wrongly convicted. Fairstein reportedly received no money.
Also, Netflix reportedly agreed to add a disclaimer at the beginning of When They See Us that says the show is inspired by actual events and that events, people, incidents, dialogue, etc, are “fictionalized for the purposes of dramatization.”
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