Kevin Costner on Thursday lost his bid to dismiss a lawsuit accusing him of sexual harassment for staging an unscripted rape scene while filming “Horizon 2“
Devin LaBella sued Costner and production in May, alleging that she was forced to perform on stage without prior warning and without the presence of an intimacy coordinator, in violation of SAG-AFTRA rules.
Costner's lawyer, Marty Singer, was looking for dismiss the lawsuit under California's anti-SLAPP law, which is designed to protect free speech from frivolous lawsuits. Judge John Takasugi denied the motion, finding the facts stated in the lawsuit sufficient to allow the trial to continue.
Kate McFarlane, one of LaBella's lawyers, welcomed the judge's decision.
“The creative process cannot and does not give men in power complete impunity for their abuse of women like Ms. LaBella,” MacFarlane said in a statement. “We were confident that we would prevail against Defendants on this frivolous motion, and we did. We expect that Defendants will continue to use similar tactics in an attempt to prevent their heinous conduct from ever reaching the eyes and ears of a jury. We will not back down.”
LaBella worked as a stunt double for Ella Hunt, who played the role of Juliet in the Horizon films. According to her lawsuit, during filming in May 2023, LaBella was asked to replace Hunt after Hunt refused to participate in a scene. She claims the actor was ordered to pin her down, straddle her and violently lift up her skirt.
LaBella claims the experience left her traumatized and humiliated. The film's coordinator later compiled a report documenting violations of union protocols.
In response, Costner said the allegations were “patently false” and were intended to harm and embarrass him in order to obtain a “large and unjustified salary.”
Costner's lawyer presented testimony from several cast and crew members who said the scene was not a “rape simulation” and that LaBella did not appear to object at the time.
To prevail on an anti-SLAPP motion, the defendant must prove that he engaged in First Amendment protected speech on a matter of public interest. Costner's lawyers argued that the Horizon films depicted “the terrible struggles women endure” in the American West, “including their extreme vulnerability to rape and other forms of violence.”
Takasugi was “somewhat skeptical” that the scene was intended to depict this, but acknowledged that the film was an expressive work protected by the First Amendment. However, the anti-SLAPP motion was denied on the second count, which requires the defendant to prove that the claim lacks minimal merit.
The judge found that LaBella's allegations, if accepted as true, were not frivolous and the motion was therefore denied. The judge rejected one of the 10 causes of action – an alleged violation of the Bane Act, which aims to combat hate crimes. The judge found that there were no allegations of threat of physical violence that would be required to substantiate this claim.
