Kevin Costner demands dismissal of Horizon stuntwoman's lawsuit over rape scene

Daily Mail​

3 hours ago

Kevin Costner is demanding the dismissal of a lawsuit by a stuntwoman who claimed he made her perform an unscripted rape scene in his Horizon western series.
Devyn LaBella first alleged in a lawsuit this May that she was 'the victim of a violent, unscripted, unscheduled rape scene directed by Kevin Costner' while serving as a double for actress Ella Hunt for Horizon: An American Saga - Chapter 2 in May 2023.
In an amended complaint filed on June 18, LaBella included screenshots of text messages with the film's intimacy coordinator along with detailed descriptions of the painful emotions she allegedly experienced after the scene was completed.
That month, Costner's attorney Marty Singer slammed her allegations in a statement to the Daily Mail, accusing LaBella of fabricating her account and insisting there was 'no intimacy or anything sexual' in the scene she filmed.
Now, Costner's legal team have filed new court documents - obtained by the Daily Mail - in which they insist that LaBella's complaint be dismissed altogether.
They assert that LaBella was happy on set and sent a gushingly grateful text to a supervisor after the shoot wrapped - and they are also offering their own version of what happened during the scene at issue.
According to Costner's declaration, the scene was included in the script and saw LaBella 'in full costume' in bike shorts under an ankle-length dress, lying fully dressed next to actor Roger Ivens in a covered wagon.
Costner maintains the scene went only as far as having Ivens lift the hem of her dress and swing a leg over her, so that he ended up 'on all fours over her.'
His declaration insists: '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.'
He also states: '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.'
Per his version of events, the shot was blocked ahead of time with the participation of LaBella, who 'understood what was to happen and consented to help.'
Costner - who directed, co-wrote, produced and starred in Horizon - also submitted declarations from other members of the cast and crew contradicting LaBella's story.
Moreover, he claimed that after the wrap, LaBella texted a supervisor: 'Thank 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!'
Costner's new filing comes nearly two months after LaBella and her legal team doubled down on their allegations, accusing Singer, Costner, and the other defendants named in her suit of conspiring to silence and discredit her, as they attempt to bury her 'indisputable evidence.'
'What happened to me on that set was a reckless violation - a breach of consent and of basic workplace safety,' LaBella said in a statement shared with the Daily Mail on June 25.
'I was told to lie down, and without warning or rehearsal, another actor was brought in to simulate a rape on top of me. My undergarments were exposed. I was left alone afterward, overwhelmed and in shock. Compliance under pressure is not consent. Consent cannot be given after the harm has already begun.'
LaBella continued: 'Once the line is crossed, there is no real choice left to make. I spoke up immediately. And for that, I was met with silence, deflection, and efforts to discredit me.
'This case is not just about what happened to me. It's about a broken system that protects those in power and punishes those who speak out. It's about demanding change, not just for me but for everyone who deserves to work in safety and dignity.
'What happened on that set was wrong. Let it be known: I stood up. I told the truth. And I will never apologize for demanding the bare minimum - to be treated like a human being at work.'
Her attorneys, James A. Vagnini and Kate McFarlane, both shared statements echoing LaBella's claims.
Vagnini claims that, contrary to remarks made by Singer, Labella immediately objected to the traumatic incident she experienced on set and that there's strong evidence - such as texts and a report from the intimacy coordinator - that supports her account.
'[T]he Defendants failed her in every possible way,' said Vagnini. 'The playbook used by Defendants like this is tired, archaic, and as hollow as their words.
'How many more men who have followed this same pattern of denial and redirection have to be sued or go to jail before they realize that leading with accountability and an apology goes a long way?'
McFarlane went a step further and accused Costner and co. of attempting a 'character assassination' of LaBella.
'However, it is not surprising,' added McFarlane. 'We have seen this time and again from men in this industry attempting to deflect the narrative rather than take any accountability for their actions that harm others.
'The evidence attached to the amended complaint shows that Ms. LaBella had the courage to speak out about her assault immediately after it happened. She maintains that same courage in continuing her fight today.'
Shared in LaBella's amended complaint is a text exchange she allegedly shared with the 2024 film's intimacy coordinator, Celeste Cheney, the day after the 'rape scene' in question was shot.
'I wanted to discuss yesterdays [sic] abomination when we both have a chance,' LaBella, 30, is seen to write in screenshots of the messages, as first reported by US Weekly.
A number bearing Cheney's name is seen to respond: 'Oh no, I'm so sorry to hear this Devyn. Let's talk through it.'
According to the complaint, LaBella then listed more than a dozen questions regarding the scene.
'Why was there no intimacy coordinator?' she asked. 'Why was a stunt double doing this non-stunt work - especially given the sensitivity of it? Why weren't there any preparations going into the scene?
'Why wasn't it a closed set?' she continued. 'How did lining up a shot turn into a rape sequence? Why was a man from the camera department directing this non scripted action?'
LaBella concluded the chain by asking Cheney, 'Who is gonna take responsibility for the abuse of power, negligence and ignorance on set?'
In a separate string of texts, LaBella claimed to Cheney that she'd spoken to the film's line producer with another crew member, identified as 'Marshelle', and received an apology for the alleged incident.
'Basically telling me you two spoke, and that Kevin had a long convo with Ella yesterday basically putting the blame on Kevin and that he needs to be brought up to the current times and that it won't happen again and apologize,' wrote LaBella, summarizing the conversation.
Cheney responded: 'Thanks for the update. I'm glad Jeff came to you and apologized.'
LaBella's complaints about her treatment on set were summarized in an incident report written by Cheney, per the amended filing.
In the report, Cheney claimed that several days after the incident, 'apologies were made to Ella [Hunt] and Devyn by various parties involved.'
'This was not a formal or uniform process,' continued Cheney. 'Ideally, apologies would be issued by [Costner], the 1st AD, and others involved to both Ella and Devyn.
'Ella [Hunt] requested that the intimacy coordinator be brought back to provide support the following week. Production obliged. Devyn requested that production pay for her flight home that weekend so she could receive support from family and friends. Production obliged.'
Singer blasted LaBella's amended complaint in a scornful statement on June 24.
'Ms. LaBella was doing a rehearsal on an Insert Shot for a scripted scene. There was no intimacy or anything sexual in the shot,' he claimed.
'There was tugging on a dress while she was fully clothed in a dress with long bloomers lying down next to a male actor.'
Singer also claimed that LaBella thanked her supervisor for 'these wonderful weeks' in a text message sent following her last day of filming.
'Numerous witnesses have contradicted Ms. LaBella's meritless claims,' he further charged.
'We look forward to the swift end of this specious lawsuit.'
The Daily Mail previously reported in late May that LaBella had filed a lawsuit against Costner, 70, and Territory Pictures over her experience on the set of the Costner-directed $100 million Western film series.
In the lawsuit, LaBella says she was hired as a stunt double for Horizon 2's lead actress, Ella Hunt, under a SAG agreement. Her job was to stand in for Hunt 'during physical scenes,' including performing stunts, per the complaint.
According to LaBella's complaint, any 'last-minute requests for nudity or simulated sex' are not allowed by SAG, and the film's producers are expected to give 48 hours' notice of any changes.
The performer's permission is also required when it comes to any changes related to intimate scenes, and Hunt's contract mandated having a coordinator on set for all intimacy scenes, the complaint reads.
She said she had no issues during the first several weeks of filming until the allegedly 'violent, unscripted, unscheduled rape scene' took place on May 2, 2023, which she further claimed was 'improvised' by Costner, without warning.
Hunt allegedly refused to perform the scene, and LaBella was brought in as a stand-in, without warning, preparation, or consent, and without an intimacy coordinator present, the suit alleges.
According to the complaint, a male actor was directed to mount her, pin her down, and violently hike up her skirt. The set was not closed, the suit states.
LaBella alleges the experience left her humiliated and traumatized.
The suit claims LaBella performed in a scripted rape scene the previous day, which was handled professionally.
In that scene, there were rehearsals, an intimacy coordinator was present, and the set was closed.
At the time, Singer issued a blanket denial of LaBella's claims, insisting her accusations have 'absolutely no merit' and are 'completely contradicted by her own actions - and the facts'.
Singer blasted LaBella for employing 'shakedown tactics' to fleece his A-list client and called her a 'serial accuser of people in the entertainment industry.'
Another of LaBella's attorneys, Cassidy Geoghegan, told Daily Mail at the time that her client had 'never filed a lawsuit against anyone, let alone an employer or Hollywood figure.'
But Geoghegan added that LaBella did previously receive 'tuition reimbursement after a class action settlement was reached against a well-known actor's acting school.'
The Daily Mail exclusively revealed the class action in question related to a lawsuit filed against James Franco and his now-defunct acting school, Studio 4, in which the actor was accused of inappropriate and sexually exploitative behavior by former students.
Franco denied any wrongdoing but eventually settled the case for $2.2million. Roughly $1.3million of that sum was allocated to reimburse tuition costs for students who attended Studio 4 between 2014 and 2017.
In a 2018 L.A. Times article, in which the Franco allegations were first reported, LaBella told the outlet that students were often told smaller roles in Franco's projects were reserved exclusively for Studio 4 students, but often those roles required extra work or nudity.
'I didn't have agency representation at the time, so I thought, 'Well, I'm not going to be able to get into good auditions, so this might be my opportunity,'' LaBella was quoted as saying.
LaBella added that she and other classmates uploaded their auditions to a website, but nobody she knew ever heard back.
It's unclear how much LaBella recouped from the class action.
But LaBella's attorney denied Singer's claims that her client has a negative reputation in Hollywood.
'She has a glowing track record of consistent professional work, even on Costner's set,' said Geoghegan.
'She reported the incident within 24 hours of it happening and asserted her legal claims within a month of the production wrapping. She has been pursuing these claims consistently ever since and has not wavered in her resolve to have this matter addressed.'