MANITOWOC, WI (WTAQ-WLUK) — Netflix says a defamation lawsuit filed by an investigator on the Teresa Halbach case should be dismissed.
Andrew Colborn filed the suit in federal court, claiming the “Making A Murderer” series falsely depicts him as having framed Steven Avery, who was convicted of her murder.
In a 32-page response filed Friday, Netflix denied all allegations set forth in the suit.
Netflix contends the claims are barred under the First and Fourteenth Amendments; says “Some or all of the challenged statements are not “of and concerning” the Plaintiff”; “Any allegedly defamatory statement of and concerning Plaintiff is true or substantially true, and Plaintiff cannot carry his burden of proving that they are materially false”; “Some or all of the challenged statements are not defamatory or defamatory per se.”
Additionally, “Netflix did not intend to convey the implications alleged” and “Netflix did not endorse the implications alleged,” the reply states. “Plaintiff impermissibly attempts to end-run the requirements of libel law by labeling his claims as “intentional infliction of emotional distress.””
There are currently no hearings scheduled in the case.
Avery and his nephew, Brendan Dassey, continue to serve life in prison terms for their convictions. Dassey has no appeals pending, while Avery has motions pending before a circuit court judge, seeking a new trial.
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