Kevin Costner’s attempt to dismiss a lawsuit alleging sexual harassment has been denied by a California judge. The lawsuit stems from filming an unscripted rape scene for the movie “Horizon 2.” The accuser, Devyn LaBella, filed the suit in May, claiming she was coerced into participating in a distressing scene without prior warning or the presence of an intimacy coordinator, violating SAG-AFTRA regulations.
Details of the Lawsuit Against Kevin Costner
Costner’s legal representative, Marty Singer, sought to dismiss the case under California’s anti-SLAPP law, which protects free speech against baseless lawsuits. However, Judge Jon Takasugi ruled against this motion, stating that the allegations presented are legally sufficient to continue the judicial process.
Reactions to the Ruling
- Kate McFarlane, LaBella’s attorney, commended the judge’s decision.
- She emphasized that creative processes should not allow those in power to abuse their positions.
- McFarlane stated, “We anticipate Defendants will continue to employ similar tactics,” highlighting a commitment to pursue justice.
Incident During Filming
LaBella was serving as a stunt double for actress Ella Hunt, known for her role in the “Horizon” films. In May 2023, she claims she was asked to fill in for Hunt after the lead actress declined to perform in the controversial scene. LaBella alleges she was subjected to physical intimidation and humiliation.
Union Violations Documented
The film’s intimacy coordinator later noted significant breaches of union protocols related to the scene. In response to the allegations, Costner described the claims as “patently false,” asserting they were intended to tarnish his reputation for financial gain.
Legal Developments and Appeals
Costner’s team presented testimonials from various actors and crew members claiming that the scene was not a simulated rape and that LaBella had not raised objections during filming. To succeed in an anti-SLAPP motion under California law, defendants must prove their case is grounded in First Amendment rights. However, the court found that LaBella’s allegations possess enough merit to proceed.
Court Rulings on Claims
Judge Takasugi dismissed one claim related to the Bane Act, stating a failure to demonstrate any threat of physical violence. Additionally, a second sexual harassment claim was also discarded due to its legal applicability being limited to workplace contexts. Currently, eight claims remain active, including sexual harassment, sex discrimination, retaliation, and breach of contract.
Following the ruling, Singer announced plans to appeal, a process that could extend the legal battle for over a year. He maintained that LaBella’s assertions are unfounded and promised to continue fighting for the truth.
