Six former East Mississippi Community College football players who sued the school for defamation their unflattering portrayal in the documentary series “Last Chance U” have reached a settlement with the college.
In addition to defamation, the players also sued the university and other parties for misappropriation of likeness and violation of common law right of publicity for their portrayals. Attorneys for plaintiffs John Franklin III, Ronald Ollie, Cary Sidney Reavis II, Deandre Johnson, Tim Bonner and Isaiah Wright filed court papers on Wednesday with Los Angeles Superior Court Judge Richard S. Kemalyan notifying him of the plaintiffs’ settlement with the college. No terms were divulged.
In March, Judge Lynne M. Hobbs granted an anti-SLAPP motion filed by Netflix Inc., Conde Nast Entertainment LLC and documentary filmmaker Greg Whiteley, a “Last Chance U” producer. The judge found that the claims filed against the two entities and Whitely infringed on their First Amendment rights and she dismissed them as defendants in the plaintiffs’ suit.
The state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
In “Last Chance U,” Whitely found East Mississippi Community College the “perfect setting” to tell the story of junior college football given that it had developed a “powerhouse program” in a rural area, according to the defense attorneys’ court papers.
“The series is a window into the world of (junior college) athletics and what it is like to be a football player in this world, far from the spotlight of Division I and professional sports,” Whiteley said in a sworn declaration.” It also is a human interest story of underdogs and of redemption, as these student-athletes try to fight against the headwinds of often troubled upbringings and long odds for a last chance to make it big.”
Initially, five plaintiffs promoted and celebrated the series, including on their own social media accounts and in media statements, and four plaintiffs remained friendly with Whitely for years, the defense attorneys further stated in their court papers.
“Last Chance U” ran for five years, ending in 2020, and the plaintiffs alleged in the lawsuit filed Feb. 10 that they were portrayed in a “false, offensive and damaging” manner. The plaintiffs further contended that Netflix convinced them to enter agreements without leveling with them about how they would be portrayed.
Plaintiff John Franklin III was conveyed as a “spoiled, cocky, arrogant, brat” in order to “dramatize their show and increase viewer ratings,” according to the suit, which further alleged that the players were not paid for the use of their likenesses despite the “significant financial benefit” earned by Netflix.
The plaintiffs’ lawsuit will continue against the National Junior College Athletic Association.