A “Horizon 2” stunt double who alleges she was unexpectedly required to take part in a sexual violence scene in 2023 that has left her with severe emotional distress can proceed with most of her lawsuit against actor/director Kevin Costner, a judge ruled Thursday.
Devyn LaBella’s Los Angeles Superior Court lawsuit is against the 70-year-old Hollywood icon who won Oscars for both best picture and best director for 1990’s “Dances With Wolves.” LaBella’s lawsuit also names as defendants Horizon Series Inc., Horizon Series 2 LLC and Territory Pictures Inc.
Judge Jon R. Takasugi denied a defense motion to toss the lawsuit in its entirety on free-speech grounds, but he did eliminate one of LaBella’s claims for sexual harassment and another alleging civil rights violations. He allowed the plaintiff to continue with her causes of action for another sexual harassment allegation as well as those for sexual discrimination, hostile work environment, failure to remedy and prevent discrimination, retaliation, intentional interference with prospective economic advantage, breach of contract and infliction of emotional distress.
“Here, while plaintiff alleges a single incident, she submitted evidence which could show that she was subjected to an unplanned simulated rape scene which was performed without a discussion, explanation, choreography session or stunt or intimacy coordinator present,” the judge wrote. “At the very least, this evidence could suggest that a reasonable person, in the same position, and considering all the circumstances, would find this to be a hostile work environment.”
Costner’s attorneys cited the state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law, which is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
“Today, the court saw through defendants smoke and mirrors, where they attempted to hide their abhorrent behavior behind the excuse of it being part of the creative process,” said one of LaBella’s attorneys, Kate Kolomyjec McFarlane. “The creative process cannot and does not give men in power complete impunity to abuse women like Ms. LaBella.”
Costner’s attorneys have another motion set for hearing Dec. 5 in which they ask that additional causes of action be dismissed.
LaBella was the stunt double for Ella Hunt, who was “Juliette” in the “Horizon” films. LaBella maintains that Costner decided without previous warning in May 2023 that he wanted a scene in which the character would be sexually assaulted.
“Defendant Costner, who was present on the set, specifically added this scene, which varied from the scene filmed the day before, which had not involved pulling up the actor’s skirt,” according to the suit, which additionally said the revised scene was “not specified” in the assigned call sheet for that day.
In addition, LaBella was not told that Hunt had refused to do the scene and had walked off the set, the suit states. Despite the scene’s sensitive nature, multiple onlookers along with the producers watched events unfold on monitors in the video village and several takes of the scene were conducted, the suit further states.
“There was no escaping the situation and all Ms. LaBella could do was wait for the nightmare to end,” the suit further reads.
Alone afterward, LaBella “experienced shock, embarrassment and humiliation while attempting to process the situation,” according to the suit filed May 27.
After her complaints of sexual harassment on set, LaBella was not brought back for “Horizon 3,” which began filming in early 2024, the suit states.