Kevin Costner’s Accuser Defends Her Lawsuit As Court Hearing Nears

Share This Article

On September 5, Devyn LaBella, a stunt double on Kevin Costner's 'Horizon: An American Saga — Chapter 2,' filed a request to keep her lawsuit against Costner intact. This follows the filmmaker's August 18 declaration requesting LaBella's lawsuit be dismissed. (Photo credit: Medios y Media / Getty Images, and IMDb / Devyn LaBella)

‘Horizon’ Court Hearing Set For September 18

“My belief is that [Devyn LaBella’s] claims were designed, through the use of false statements and sensationalistic language, to damage my reputation,” said filmmaker Kevin Costner, responding to a lawsuit filed against him by a stunt double on his film Horizon: An American Saga — Chapter II.

That statement was from an August 18 declaration filed by Costner, in which he counters the claims of a “hostile work environment” that were outlined in a lawsuit by LaBella, who was a stunt double on the 2023 production of the yet-to-be released film.

Costner added that he believes his accuser is an “opportunist” seeking “a massive and unjustified payday,” and he submitted his declaration with a request that the lawsuit be dismissed.

In a new court filing submitted by LaBella on September 5, she is doubling down on her allegations ahead of the September 18 court hearing which will either see the case move forward or be dismissed.

Now, she claims she is the victim of sexual harassment, which was allegedly facilitated by Costner.

Background

Reader discretion is advised: the following information and excerpts from the lawsuit are of a graphic and intimate nature.

Since May, filmmaker Kevin Costner has been embroiled in a legal battle surrounding the production of Horizon: An American Saga — Chapter II.

LaBella, a stunt double on the film, filed a lawsuit against Costner, claiming that Costner created a “hostile work environment” when he allegedly forced her to perform in a “violent unscripted, unscheduled rape scene.”

Of this situation, LaBella’s lawsuit states, “There was no escaping the situation, and all [LaBella] could do was wait for the nightmare to end.”

LaBella’s account of the scene, which was filmed on May 2, 2023, was as follows:

“As filming began, Ms. LaBella laid down in the wagon as Defendant Costner instructed. Costner approached her and directed that she hang her boots out of the wagon as the camera team and crew continued to test out and frame their shots … Then, without proper notice, consent, preparation, or appropriate safeguard measures in place, such as the project’s intimacy coordinator being called in, Defendant Costner directed Mr. [Roger] Ivens to repeatedly perform a violent simulated rape on Ms. LaBella. As directed by Costner, this unscripted, unrehearsed scene consisted of Mr. Ivens mounting Ms. LaBella while miming the unbuttoning of his pants, and using his body and arms forcibly pinning down Ms. LaBella, who was on her back underneath him. Mr. Ivens violently rustled Ms. LaBella’s skirt up as if trying to penetrate her against her will.”

In his August 18 declaration, Costner writes, “When I reviewed the Complaint filed by [LaBella] in this lawsuit, I was shocked at the false and misleading allegations she was making.”

LaBella’s lawsuit goes on to claim her ability to work was impeded upon, saying she “experienced continuous reminders of the shame, humiliation and complete lack of control she had experienced during the May 2 filming; she experienced sudden bouts of crying on and off set.”

When the film wrapped production, she was not hired to return for Horizon: An American Saga — Chapter III.

Costner noted that she would not be hired for the third film in the series as the character she had been the stunt double for in Chapter 2 does not return for the next film.

Related: New Evidence Presented In ‘Horizon’ Stunt Double’s Lawsuit Against Kevin Costner

The Latest In The Case

In the latest court document filed on September 5 by LaBella, we learn that Costner’s declaration for dismissal of the lawsuit is categorized as an anti-SLAPP measure.

SLAPP is an acronym for strategic lawsuits against public participation, and Costner’s legal team is accusing LaBella and her lawsuit of seeking to intimidate and suppress Costner’s freedom of speech as an artist.

LaBella’s response on September 5 takes the SLAPP accusation to task, stating it is without merit.

Further, her lawsuit states:

“By subjecting Ms. LaBella to a violent, unscripted rape scene without her consent and without the presence of an intimacy or stunt coordinator present, [Costner] violated Ms. LaBella’s contractual rights and her rights under state discrimination law.”

The absence of the intimacy coordinator was not explained in Costner’s declaration.

Later, LaBella’s latest court filing says, “[Costner and his legal team] once again misstate the basis of [LaBella’s] claim. It is not ‘the blocking of a shot in a movie production’ that Ms. LaBella finds offensive. It was their blatant refusal to follow the safety protocols and procedures that are required.”

Costner’s declaration detailed how the blocking, or choreographing, of the shot in question was accomplished, and Costner’s account notes that the shot was only ever blocked but never filmed.

This is one of the central areas of contradiction between LaBella and Costner.

The day before the May 2, 2023, incident, Costner directed a scripted rape scene involving LaBella, and LaBella leans on this, stating, “The May 1 scene is the perfect example that the same creative product can be produced when the proper protocols are followed.”

LaBella’s contracts, the filing states, require the presence of an intimacy coordinator for shots involving simulated sex acts, as well as written notice 48 hours before such a scene is to be shot, with LaBella adding, “[Costner and his legal team] now argue that ignoring Ms. Labella’s rights for this scene is protected activity because it was
part of the ‘creative process.'”

Continuing, LaBella says, “When [Costner and his legal team] claim that the ‘actual objective of Ms. LaBella’s suit . . . is to interfere with and burden [Costner’s] exercise of free speech rights in connection with a creative work,’ they imply that in the name of creativity, they were free to violate any law or employees’ contractual rights with complete impunity.”

Further, LaBella states:

“Defendants cannot defend departing from their obligations on the merits because they cannot reasonably argue that their free expression necessitated skirting such requirements, especially when Defendants followed such requirements for a different shot the preceding day.”

The latest filing from LaBella ends by stating, “In sum, the Court should deny Defendants’ Special Motion to Strike in its Entirety.”

View LaBella’s September 5 court filing, courtesy of Deadline, here.

Responding to LaBella’s newly submitted claims, Kevin Costner’s lawyer, Marty Singer, told TMZ:

“This may be a new filing, but it’s really just more of the same old nonsense. These claims are not only groundless, they are ridiculous. There are 12 independent witnesses who confirm that Ms. LaBella’s claims are fabricated. Kevin Costner has been very clear about why he refused to give in to a transparent shakedown. He is determined to stand up and fight for the truth – and we will continue to do so.”

This is a developing story. Country Rebel will provide more information as it becomes available.

Share This Article

Save this article!
Get this sent to your inbox, plus get new articles & videos from us every week!

About the Author

Grant Bromley

Howdy, I’m Grant, a multimedia storyteller and lover of the arts. Whether it’s Copland’s ballet Rodeo or Peckinpah’s iconic Western Pat Garrett and Billy the Kid, I have an appreciation for works that engage with the American mythos. Covering news, I help tell the stories that define our shared tomorrow.

This post may contain affiliate links. Please read our disclosure policy.