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'Wtf, are you in that?' Dallas lawsuit says Netflix mistakenly used man's photo in hatchet-wielding hitchhiker doc

Taylor Hazlewood, the man suing Netflix, alleges that Netflix took a picture from his personal Instagram page and put it in the documentary.
Credit: AP
FILE - This Jan. 29, 2010, file photo shows the company logo and view of Netflix headquarters in Los Gatos, Calif. (AP Photo/Marcio Jose Sanchez, File)

DALLAS — A Kentucky man this week filed a lawsuit in Dallas County court against Netflix, alleging the streaming giant used his picture in a documentary about a "hatchet wielding hitchhiker" who was convicted of murder.

Taylor Hazlewood, the man suing Netflix for defamation, alleges that Netflix took a picture from his personal Instagram page and placed it in the documentary, mistakenly using Hazlewood's photo in a scene about a "stone-cold killer."

The documentary, "The Hatchet Wielding Hitchhiker," premiered in January and tracked the rise and fall of Caleb "Kai" McGillvary, his story described by Netflix as a "happy-go-lucky nomad's ascent to viral stardom and the steep downward spiral that resulted in his imprisonment."

Hazlewood, a respiratory therapist in an intensive care unit, is not connected to McGillvary or his murder case, his lawsuit said.

WFAA reached out to Netflix officials but did not immediately hear back.

The picture of Hazlewood was of him holding a hatchet in June 2019, with the caption, "Hatchet by Gary Paulsen," a reference to his favorite childhood book.

"Without any reason, other than pure recklessness, Netflix misappropriated the Hazlewood Photograph and used it in two separate parts of the Film," the lawsuit said.

After the documentary premiered on Netflix, Hazlewood began receiving messages from his friends about the picture.

"What is happening here?" one friend asked. "So something not so chill happens later in the documentary. Youre [sic] picture shows up again after hes [sic] charged with murder and its just bad vibes."

Another friend asked, "Bro wtf, are you in that?"

More friends asked if Netflix asked for permission to use his photo and how they got the picture.

"They put your picture up with a murderer lol," another friend said. "They even blur some peoples faces in the doc too, wonder why they wouldnt [sic] do yours."

Another friend told Hazlewood, "Wtf? Explain please."

One friend told Hazelwood that his mother thought he was now connected to the McGillvary case "or that he was another infamous murder and that was why his picture was used," the lawsuit said.

"Hazlewood’s reputation has clearly been tarnished," the lawsuit said. "There are many acquaintances who will see Hazelwood’s photograph in the Film and will assume the worst without contacting Hazelwood to get the truth."

Hazlewood is seeking more than $1 million in punitive damages in the lawsuit.

While the case does not have a direct tie to the Dallas area, Hazlewood's attorney, Dallas lawyer Angela M. Buchanan, filed the lawsuit here because it "is within the Court's jurisdictional limits," as the alleged actions by Netflix happened in all 50 states by being on the internet.

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