Kevin Costner and his Horizon: An American Saga franchise are already dealing with authorized motion from New Line over a cofinancing deal, and now the star/director of the Western collection has been hit with a sexual harassment swimsuit by a veteran stuntwoman over an unscheduled, unrehearsed “violent unscripted” rape scene.
Costner’s longtime legal professional Marty Singer has bluntly known as “shakedown” on the unspecified damages jury trial looking for grievance from Devyn LaBella.
Represented by legal professionals at Hadsell Stormer Renick & Dai and Valli Kane & Vagnini, SAG-AFTRA member and Barbie alum LaBella says she is submitting “this action not only for the damages she has sustained, but to address the continued failures at the highest levels of Hollywood production companies to comprehend and address the impacts of performing in sexually explicit and violent ‘scenes’ and the need for intimacy coordination.”
Here’s what’s uncontested: Reunited with Horizon 2 Stunt Coordinator and Second Unit Director Wade Allen, LaBella was employed beneath a guild contract on the nonetheless unreleased Horizon 2 to be “a lead stunt double for the series’ lead actor Ella Hunt.” Most of the filming for LaBella on the Western sequel, the second in 4 Horizon movies Costner has deliberate, came about in Utah.
Following a earlier submitting late final 12 months with the California Civil Rights division, the plaintiff’s doc within the the LA Superior Court docket Tuesday claims that “on may (sic) 2, 2023, plaintiff Devyn LaBella, a female stunt performer, was the victim of a violent unscripted, unscheduled rape scene directed by Kevin Costner (‘Mr. Costner’), owner, chief Executive officer and Secretary of Horizon Series, Inc.” Stressing a transparent violation of SAG-AFTRA on set protocols, the sexual harassment, sexual discrimination and retaliation grievance goes on to say: “The impact of this impromptu work demand on Ms. Labella has been profound, not only upending a career Ms. Labella spent years building but leaving her with permanent trauma that she will be required to address for years to come.”
What the 9 declare grievance additionally says is that Saturday Night solid member Hunt was thrown by Costner’s sudden addition of a rape scene. “Due to the ad hoc and violent nature of the sudden script change request, along with the failure to secure a contractually required intimacy coordinator for the scene, Ms. Hunt became visibly upset and walked off the set, refusing to do the scene,” the submitting says, noting that LaBella knew nothing about this till a lot later.
Having had nothing however knowledgeable and above board expertise to date on the movie, LaBella took to the duty when she says Costner requested her to “stand in” for the departed Hunt to “line up [a] shot.” Then, on a removed from closed set and with no intimacy coordinator, a contemporary underwear sporting LeBella was attacked by Roger Ivens’ Birke character “over and over as Defendant Costner experimented with different takes of the rape action,” the 28-page grievance alleges.
Not solely did Costner search completely different takes, however the Oscar winner appears to have wished to extend the violence within the assault with little concern for LaBella, no less than in accordance with her submitting:
As Defendant Costner directed Mr. Ivens to hold out the violent assault over and over and over, Ms. LaBella felt the air pour over her intimate components as her private undergarments have been uncovered, although to Ms. LaBella’s information, costume underwear is often worn in deliberate intimate pictures. This publicity was particularly humiliating to Ms. LaBella as she was menstruating on the time, compounded by the truth that between takes, Mr. Ivens’ fingers rested on prime of the bundled-up skirt above her vagina. Wardrobe instantly sewed up Ms. LaBella’s bloomers after the scene as she requested. It ought to have been executed previous to the scene, however the departments weren’t ready or knowledgeable that the scene could be taking place.
There was no escaping the scenario, and all Ms. LaBella might do was anticipate the nightmare to finish.
With New Line Cinema (who’re battling Costner in that cofinancing motion) and Territory Pictures, Inc., among the many different defendants, LaBella’s swimsuit starkly asserts that “the conduct of Defendants and their Managing Agent Mr. Costner demonstrates a callous indifference for the law and Ms. La Bella’s rights.” LaBella additionally says she was “blacklisted from subsequent employment opportunities on the Horizon series,” after she advised “multiple individuals, including the Intimacy Coordinator and her stunt supervisors” what occurred on May 2, 2023.
On the opposite aspect, the pugnacious Marty Singer is giving no quarter for the accusations in opposition to Costner In an emoji pepper assertion to Deadline primarily based partly on alleged texts from LaBella, the Tinseltown lawyer says:
Our shopper Kevin Costner all the time needs to guarantee that everyone seems to be comfy engaged on his movies and takes security on set very severely. However, this declare by Devyn LaBella has completely no advantage, and it’s utterly contradicted by her personal actions – and the information.
Ms. LaBella is a serial accuser of individuals within the leisure trade and has labored with the identical lawyer on previous claims. But these shakedown techniques received’t work on this case.
As a stunt performer on Horizon 2, the scene in query was defined to Ms. LaBella, and after she carried out the rehearsal in character with one other actor, she gave her Stunt Coordinator supervisor a “thumbs up” and indicated her willingness to then shoot the scene, if wanted (which she was not).
That night time, Ms. LaBella had dinner together with her supervisor, the stunt coordinator, and with the assistant stunt coordinator, and he or she was in good spirits and made no complaints to them. She continued to work on the film for a number of extra weeks till her wrap date, and he or she took the stunt coordinator to a thank-you dinner. She additionally despatched him a cordial thanks textual content illustrated with glad coronary heart emojis (copy connected) saying:
“Thank you for these wonderful weeks! I so appreciate you! I learned so much and thank you again. I’m really happy it worked out the way it did to.”
Singer concluded: “The facts are clear and we are beyond confident that Kevin will prevail.”
One of LaBella’s legal professionals sees it very in a different way, clearly.
“This case is a clear example of male-dominated, sexist Hollywood movie production,” says Kate McFarlane to Deadline this afternoon. “Our client was subjected to brutal sexual conduct completely unprotected from the obvious harm. This happened despite the fact that there exists standards of conduct and behavior specifically designed to protect people like Devyn LaBella.”
As this case now percolates within the courts, what is evident is that after the disappointing field workplace outcomes of Horizon: An American Saga Chapter 1 final summer time, the August 2024 launch date for Chapter 2 was shelved. Receiving combined opinions, the Costner helmed and co-written flick had its world premiere in Venice in September 2024. As of but, the sequel has no massive display and even streamer launch on the books.
Which means, if not settled, LeBella’s lawsuit might go to trial earlier than Horizon 2 is out and a very long time earlier than Horizon 4 finally finally ends up the franchises.