Kevin Costner’s Bid To Dismiss ‘Horizon’ Stunt Double’s Lawsuit Fails
on Oct 17, 2025
Litigation To Continue As Only 2 of 10 Claims Dismissed
On Thursday, October 16, a determination was made in a court hearing regarding the merit of the claims made in a lawsuit filed against Academy Award-winning filmmaker Kevin Costner by a stunt double on his film Horizon: An American Saga — Chapter II.
This yet to be released film, as well as its 2024 predecessor and potential sequels, has been caught up in box office concerns and two legal battles since it made an exclusive premiere at the 2024 Venice International Film Festival.
The lawsuit filed by stunt double Devyn LaBella alleges Costner facilitated a “hostile work environment” during the 2023 production of Horizon 2, going as far as charging Costner with sexual harassment. LaBella claims she was forced to perform in a “violent unscripted, unscheduled rape scene.”
Costner filed a request to dismiss the lawsuit on August 18, but during a hearing on October 16 in the Superior Court of California, County of Los Angeles, Judge Jon R. Takasugi found that there was at least “minimal merit” to LaBella’s lawsuit.
Now, the litigation against Costner may proceed.
Background
Reader discretion is advised: the following information and excerpts from the lawsuit are of a graphic and intimate nature.
According to stunt double Devyn LaBella, an unscheduled and unscripted scene was allegedly filmed for Costner’s Horizon 2 on May 2, 2023.
This scene, LaBella claims, found her performing in a rape scene without the presence of an intimacy coordinator.
Her description of the scene, as submitted in her lawsuit in May, is 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.”
Her lawsuit adds, “There was no escaping the situation, and all [LaBella] could do was wait for the nightmare to end.”
In Costner’s August 18 declaration, in which he requested LaBella’s lawsuit against him be dismissed, he wrote, “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.
While production on the film occurred in 2023, the sequel to the first Horizon film is yet-to-be released film.
RELATED: New Evidence Presented In ‘Horizon’ Stunt Double’s Lawsuit Against Kevin Costner
The 8 Claims Leveled Against Costner
With the October 16 ruling, the litigation against Costner may now proceed.
Here are the eight causes of action that will stand against Costner:
- Discrimination;
- Sexual harassment;
- Hostile work environment;
- Failure to remedy/prevent discrimination;
- Retaliation in violation of FEHA;
- Intentional interference with prospective economic advantage;
- Breach of contract; and
- Infliction of emotional distress.
Of the sexual harassment claim, Judge Takasugi wrote, “In order to establish a claim for sexual harassment (or gender discrimination based on harassment), [LaBella] must establish that she was subject to either (1) quid pro quo demand; or (2) a hostile work environment.”
Judge Takasugi proceeds to cite LaBella’s claim that the scene was unexpected and conducted without an intimacy coordinator. Looking to evidence submitted, Judge Takasugi noted that a SAG-AFTRA Basic Agreement, used by members of the Screen Actors Guild, was included as evidence by LaBella.
This SAG-AFTRA agreement details that a “performer’s performance or depiction in a scene requiring nudity or simulated sex acts is conditioned on their prior written consent, which should take the form of a rider attached to their contract.”
From this, Judge Takasugi determined there was at least “minimal merit” to the cause of action.
The 2 Claims That Were Dismissed
While eight of the 10 causes of action detailed by LaBella in her lawsuit against Costner will carry on into further litigation, two of the causes of action were dismissed.
An additional citing of sexual harassment was dismissed by Judge Takasugi, as the claim was wrapped up in a dispute between Costner and LaBella’s legal teams regarding her employment status with the Horizon 2 production.
An additional cause of action, citing a violation of the Bane Act.
“[LaBella] does not identify anything Costner, or any other individual, said to her that would constitute ‘threats, intimidation, or coercion’ of the kind contemplated by the Bane Act,” writes Judge Takasugi. “Rather, [LaBella] contends that she felt pressure to help block the shot because of the fact that Costner was the movie’s director.”
As for Costner’s move to have the lawsuit dismissed, his legal team had categorized LaBella’s lawsuit as an anti-SLAPP measure.
SLAPP is an acronym for “strategic lawsuits against public participation,” and Costner’s legal team accused LaBella and her lawsuit of seeking to intimidate and suppress Costner’s freedom of speech as an artist.
This was supported on one of two prongs, with Judge Takasugi writing:
“While the Court is somewhat skeptical of [Costner’s] characterization of the rape scenes filmed as intended to portray the ‘horrific struggles endured by women,’ the Court agrees that the extreme vulnerability of woman in the journey across the American West is an important aspect of American history and a matter of
public interest.”
The judge went on to cite a court case filed against Kathryn Bigelow’s Best Picture-winning film The Hurt Locker (2008), which dramatized the Iraq War.
However, in the case of Costner’s lawsuit, it failed on the second prong, compelling the anti-SLAPP claim was struck down.
The second prong pertained to LaBella’s ability to “demonstrate a probability of success as to her claims,” to which the court disagreed, citing the evidence and account presented by LaBella.
In a statement made by one of LaBella’s lawyers, named Kate McFarlane, McFarlane said, as quoted by Variety:
“The creative process cannot and does not give men in power complete impunity to abuse women like Ms. LaBella. We were confident we would prevail against [Costner] on this frivolous motion, and we did. We anticipate [Costner and his legal team] 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.”
Marty Singer, one of Costner’s lawyers, responded to this development in the case, saying, as quoted by Variety:
“While we were disappointed with the Court’s decision to allow her remaining causes of action to proceed, the evidence is clear that they have no legal or factual merit, and we plan to appeal the Court’s decision promptly. In spite of [LaBella’s] outlandish allegations, there was never any ‘simulated rape,’ ‘simulated sex’ or sexual harassment — and absolutely no retaliation. Rather, she is seeking millions of dollars for agreeing to participate in the rehearsal of a single, benign shot that even she admits was explained to her in advance. We will continue to fight for the truth and we are extremely confident we will prevail.”
Costner’s legal team is expected to file an appeal to the judge’s decision allowing the case to move forward.
Read the full October 16 court document, courtesy of Deadline, here.
This is a developing story. Country Rebel will provide more information as it becomes available.
