Kevin Costner lost his bid on Thursday to throw out a lawsuit accusing him of sexual harassment for setting up an unscripted rape scene during filming of “Horizon 2.”
Devyn LaBella sued Costner and the production in May, alleging she was forced to perform in the scene without advance warning and without an intimacy coordinator present, in violation of SAG-AFTRA rules.
Costner’s lawyer, Marty Singer, sought to throw out the suit under California’s anti-SLAPP law, which is designed to protect free speech from frivolous litigation. Judge Jon Takasugi denied the motion, finding that the facts alleged in the lawsuit are sufficient to proceed.
Kate McFarlane, one of LaBella’s attorneys, applauded the judge’s decision.
“The creative process cannot and does not give men in power complete impunity to abuse women like Ms. LaBella,” McFarlane said in a statement. “We were confident we would prevail against Defendants on this frivolous motion, and we did. We anticipate Defendants will continue to employ similar tactics in an attempt to prevent their despicable conduct from ever reaching the eyes and ears of a jury. We won’t back down.”
LaBella was working as a stunt double for Ella Hunt, who played the role of Juliette in the “Horizon” films. According to her lawsuit, during filming in May 2023, LaBella was asked to stand in for Hunt after Hunt refused to participate in the scene. She alleges that an actor was directed to pin her down, straddle her and violently rake up her skirt.
LaBella alleges that she was traumatized and humiliated by the experience. The film’s intimacy coordinator later wrote up a report documenting violations of union protocols.
In response, Costner has argued that the allegations are “patently false” and were designed to damage and embarrass him in order to garner a “massive and unjustified payday.”
Costner’s attorney submitted statements from several actors and crew members who said the scene was not a “simulated rape,” and that LaBella did not appear to object at the time.
To prevail on an anti-SLAPP motion, the defendant must show that they were engaged in First Amendment-protected expression on a matter of public concern. Costner’s lawyers argued that the “Horizon” films deal with “the horrific struggles endured by women” 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 portray that, but acknowledged that the film is an expressive work protected under the First Amendment. However, the anti-SLAPP motion failed on the second prong, which requires the defendant to show that the claim lacks minimal merit.
The judge found that LaBella’s claims, taken as true, are not frivolous, and thus the motion was denied. The judge did throw out one of the 10 causes of action, an alleged violation of the Bane Act, which is intended to combat hate crimes. The judge found that there was no allegation of a threat of physical violence, which would be required to establish that claim.
