Kevin Costner seeks to have sexual harassment lawsuit dismissed
The 70-year-old actor-and-director is being sued by Devyn LaBella, who has claimed she was subjected to a 'violent, unscripted, unscheduled rape scene' without notice on set in May 2023 while filming Horizon: An American Saga – Chapter 2 but his legal team have filed new court documents asking for the lawsuit - which accused the Bodyguard star of sexual discrimination, sexual harassment, creation of a hostile work environment, retaliation, and breach of contract - to be thrown out.
In paperwork obtained by the Daily Mail, it is claimed Devyn was happy on set and even sent a grateful text to a supervisor after the shoot wrapped, as well as offering Kevin's own version of what happened during the scene in question.
According to the actor's declaration, the scene was included the script and saw Devyn in "full costume" of bike shorts and ankle-length dress lying next to actor Roger Ivens in a covered wagon.
He insisted the scene only had Roger lift the hem of Devyn's dress before swinging a leg over her so that he ended up "on all fours over her".
The declaration insisted: "There was no nudity, simulated sex, simulated rape, physical contact, fighting, gyrating, or any physicality other than Devyn's outer dress being pushed from her ankles to her knees.
"While Devyn's outer dress may have bunched up around her knees (there was a lot of fabric), the dress was still below her waist and the pantaloons and petticoats underneath remained undisturbed."
The Yellowstone actor insisted the scene had been blocked ahead of time with the participation of the performer, who "understood what was to happen and consented to help.".
In the filing, Kevin - who directed, co-wrote, produced and starred in Horizon - included declarations from other members of the cast and crew to support his version of events.
And he alleged Devyn had texted a supervisor after filming and said: "hank you for these wonderful weeks! I so appreciate you! I learned so much and thank you again. I'm really happy it worked out the way it did too. Have a great rest of the shoot and yes talk soon!"
The stuntwoman's team first filed the lawsuit against Costner and Horizon producers in May, and weeks later filed an amended complaint including text messages with the movie's intimacy coordinator, and the alleged emotions she felt after the scene.
In response, Kevin's lawyer Marty Singer told DailyMail.com in a statement: "Ms. LaBella was doing a rehearsal on an Insert Shot for a scripted scene. There was no intimacy or anything sexual in the shot.
"There was tugging on a dress while she was fully clothed in a dress with long bloomers lying down next to a male actor."
The lawyer has also alleged that LaBella - who was a stunt double for series star Ella Hunt - thanked her supervisor for "these wonderful weeks" after finishing work on the Western saga.
Singer continued: "Numerous witnesses have contradicted Ms. LaBella's meritless claims.
"She herself texted her supervisor after she wrapped stating, 'Thank you for these wonderful weeks.'
"We look forward to the swift end of this specious lawsuit."
Court documents stated Devyn was hired as a stunt double and not informed or consented to the added scene, which she alleges caused 'permanent trauma'.
She also claimed the absence of an intimacy coordinator during filming.
Her suit, filed in Los Angeles County Superior Court, states the scene was not on the call sheet and Ella herself refused to perform it, allegedly walking off set.
She added Kevin directed Roger to perform the assault scene and asked her to stand in without adequate preparation or safeguards.
Kevin's attorney Marty Singer denied the allegations, calling her a 'serial accuser' and accusing her of 'shakedown tactics'.
He stated: 'Kevin always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.'
He also said Devyn had approved and rehearsed a prior intimate scene and was 'in good spirits' afterwards.
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