Tyra Banks' new lawsuit includes side-by-side footage of allegedly misleading edits in Netflix's ANTM docuseries

A nod, a pause and an edited exchange are at the centre of Tyra Banks’ legal dispute with Netflix over a documentary about America’s Next Top Model.

In a new court filing on Tuesday, September 22, Banks’ legal team submitted side-by-side comparisons of raw interview footage and the final version of Reality Check: Inside America’s Next Top Model. According to Deadline, the filing argues that the three-part docuseries presented Banks’ comments in a misleading way through editing.

The filing is Banks’ response to Netflix’s request to have her defamation lawsuit dismissed.

The footage at the centre of the dispute

One of the comparisons concerns former contestant Shandi Sullivan, who has spoken publicly about being sexually assaulted during Cycle 2 while the models were staying in Italy.

In the documentary, Banks is asked if she remembers Sullivan’s story. The edited sequence shows Banks pausing with an “um” before the scene fades out.

According to Banks’ filing, the unedited footage shows her nodding and confirming that she remembers the incident before the scene cuts away. Her lawyers argue that the documentary omitted that portion of the exchange.

“The nod was not cut off. It was cut out,” the filing states, according to Deadline.

Banks’ legal team also argues that the filmmakers had access to the longer interview footage and that the final edit presented a different impression of her response.

Who raised the subject of cheating?

The second example cited in the filing involves a 2004 episode from Cycle 2 that was included in the documentary.

In the original episode, Sullivan asks Banks if she has ever cheated or been cheated on. Banks answers before noticing Sullivan becoming emotional and checking on her.

Banks’ filing says the documentary omitted Sullivan’s question and rearranged the exchange, which, according to her lawyers, makes it appear that Banks introduced the subject.

The sequence is followed by commentary suggesting the conversation was deliberate and producer-driven. Banks’ legal team disputes that interpretation, pointing to the original exchange as presented in the episode.

How the case got here

Banks, 52, sued Netflix in June over her portrayal in the documentary. In August, Netflix asked the court to dismiss the lawsuit. Netflix and production company EverWonder Studio also filed an anti-SLAPP motion, a legal mechanism that can be used to seek an early dismissal of certain lawsuits.

Banks’ original complaint says only around 16 minutes of a much longer interview were used in the documentary. Her lawsuit argues that the selected footage was presented out of context and contributed to what she describes as a false portrayal.

The complaint also says Banks was unaware that Sullivan considered the Italy incident a sexual assault.

Netflix defends the documentary

Netflix has said it intends to defend the project.

In a statement to PEOPLE, a spokesperson described directors Daniel Sivan and Mor Loushy as respected documentarians who conducted in-depth interviews with key figures from the show.

The spokesperson said Banks had an opportunity to share her perspective and that her views were included alongside those of other participants. Sources cited by PEOPLE also said the filmmakers had made clear that Banks’ perspective was important to the project, while she would not have editorial control over the final documentary.

What Banks’ case argues

Banks hosted America’s Next Top Model for 23 cycles, beginning in 2003, and developed the series with co-executive producer Ken Mok, who also appears in the documentary.

Reality Check: Inside America’s Next Top Model revisits several controversial moments from the series and features interviews with people connected to the show.

Banks’ attorney, Tom Clare, told PEOPLE that the case centres on how accurately a documentary presented as factual reflects what its subjects said and what occurred in the original footage.