Why did the court dismiss parts of Kevin Costner's 'Horizon 2' lawsuit? Complete details explored

Kevin Costner (Image via Getty)
Kevin Costner (Image via Getty)

Kevin Costner was recently in court after stuntwoman Devyn LaBella filed a lawsuit against the actor. She filed 10 claims of sexual harassment and a hostile work environment lawsuit, and the judge rejected only one of them. According to LaBella, the reason why she decided to file a lawsuit is because of one of the unscripted r*pe scenes in Costner's upcoming film, Horizon 2.

The case was presided over by Los Angeles County Judge Jon R. Takasugi. For his final ruling of the court session, Judge Takasugi sided with Devyn LaBella, explaining his decision. He said:

"There is a lot to be said about this decision and the rest of the case, Hollywood, and its movies. A lot doesn't fall exactly into the labor code, and there are carve-outs for exactly the creative process we are discussing. But at this point, this early in the case … there is sufficient evidence."

LaBella is happy with the outcome of the session. She told Rolling Stone reporters outside the courthouse:

"I'm very grateful for the outcome... We lost on one claim and won on nine, so that’s a victory."

Kevin Costner and Devyn LaBella will see each other again in court in December. The date is yet to be confirmed.


What scene led Devyn LaBella to file a lawsuit against Kevin Costner?

Devyn LaBella was chosen as the lead stunt double for English actress Ella Hunt. LaBella filed the lawsuit against Costner five months ago. In the legal documents, she mentioned how Ella Hunt:

"became visibly upset and walked off the set” after Kevin Costner allegedly made a “sudden script change request."

She explained the scene, revealing that actor Roger Ivens would be participating in the unscripted r*pe scene. After Hunt walked off the set, LaBella was asked to stand in her place, since she was Hunt's stunt double. However, she was shocked at how the scene unfolded because she was not informed beforehand of what Ivens would do. This refers to him mounting her and pulling her skirt up aggressively, while on top of her.

One of the main reasons why she filed the lawsuit was that she was traumatized and felt unsafe, since the scene was not performed in the presence of an intimacy coordinator.

Kevin Costner's lawyers argued back, saying:

"There was no thrusting, no gyrating, no simulated sets, none of that, OK? [Ivens] starts to grab at her dress. Now, she's wearing 20 to 22 yards of fabric, right? This is the 1800s, so they wore pantaloons and eight layers of clothes."

Wayne Harman, Costner's lawyer, continues to explain the scene. He said:

"He grabs the skirt and starts to drag it up to her knee, swings his leg over, and he's now on all fours, on top of her. That's the shot. He's not grinding on her. There's no thrusting, no simulated sex. …. This was the foretelling of a rape that happens off-screen, that the audience never sees."

Kate McFarlane, LaBella's lawyer, pushed back, saying:

"[LaBella] has never objected to a scene like this before... She knew that this particular scene on May 2nd was a problem, that there were violations of the contract, there was a violation of the law, and she was unsafe, and she was traumatized."

She added:

"Kevin Costner admits in his declaration that both the May 1st scene and the May 2nd scene were violent scenes building up to and foretelling an actual rape... The crux of Ms. LaBella's claims is not about the content of these scenes. It's about the lack of protocols followed on day two. And that’s extremely important."

The court ruled in favor of Devyn LaBella on most of her claims against Kevin Costner, allowing nine out of ten to move forward. The case has sparked conversations in Hollywood about safety and respect during filming. Both sides will return to court in December as the legal battle continues.

Love movies? Try our Box Office Game and Movie Grid Game to test your film knowledge and have some fun!

Edited by Benidamika Jones Latam