Counsel for Mr. Kevin Costner have filed an application seeking dismissal of the civil action instituted by Ms. Devyn LaBella, a stunt performer, who has alleged that she was subjected to an ‘unscripted rape scene’ during the production of Horizon: An American Saga – Chapter 2.
In her original complaint, Ms. LaBella asserted that she had not been given advance notice of the scene in question. However, according to Mr. Costner’s legal representatives, subsequent pleadings submitted by Ms. LaBella reflect material inconsistencies. Specifically, it is alleged that in her most recent filing she acknowledged that stunt coordinator Wade Allen had met with her prior to filming and explained the particulars of the sequence.
Mr. Costner’s attorneys contend that this admission undermines the veracity of her initial allegations, further noting that Ms. LaBella had previously acknowledged both rehearsing the scene and understanding its essential elements, including physical positioning and wardrobe adjustments required for the performance.
Counsel for Ms. LaBella, in response, has characterized the defendants’ arguments as dismissive and condescending, asserting that it is inappropriate for them to attempt to redefine or contradict Ms. LaBella’s lived experience on set.
Counsel for Ms. Devyn LaBella has maintained that she has consistently affirmed her allegations under oath and has submitted contemporaneous evidence in support thereof. According to her legal representatives, Ms. LaBella’s claims have remained unchanged since May 2023, when she initially reported the incident to production personnel.
In newly filed documents made public on Monday, Ms. LaBella alleged that during the filming of Horizon: An American Saga – Chapter 2, while serving as a stunt double for actress Ella Hunt’s character Juliette Chesney, she was menstruating and her undergarments were exposed when her costume was torn from the waist to the crotch by co-star Mr. Roger Ivens. She contends that although she had performed a scripted rape scene on May 1, 2023 under the supervision of an intimacy coordinator, no such coordinator was provided the following day when an alleged unscripted rape scene was filmed within the confined space of a covered wagon.
Ms. LaBella further asserts that during the latter sequence Mr. Ivens placed his hands on or near her breast and vaginal areas, and that she felt physically overpowered by his body weight, which left her unable to move freely.
In response, Mr. Costner’s attorney, Mr. Marty Singer, dismissed the allegations as baseless, describing them as ‘nonsense’ and asserting that twelve independent witnesses refute Ms. LaBella’s claims. Counsel further stated that Mr. Costner has refused to capitulate to what they describe as an attempted shakedown, emphasizing his intent to vigorously contest the matter.
Additionally, Ms. LaBella has produced copies of text communications dated May 3, 2023 with intimacy coordinator Ms. Celeste Chaney, wherein she described the filming experience as ‘an abomination’ and detailed her specific grievances regarding the shoot.
In support of his motion for dismissal, Mr. Kevin Costner submitted a screen capture of a text message dated May 11, 2023, from Ms. Devyn LaBella to stunt coordinator and second-unit director Wade Allen. In the message, Ms. LaBella expressed gratitude for ‘these wonderful weeks’ and remarked that she was ‘really happy it worked out the way it did.’
On August 19, Mr. Costner further provided photographic evidence to the Daily Mail, consisting of on-set images depicting Ms. LaBella smiling in his company, as well as photographs of Ms. LaBella and co-actor Roger Ivens filming the contested sequence, during which her costume remained intact.
In a sworn declaration dated August 19, 2023, Mr. Costner attested that Ms. LaBella’s pantaloons and petticoats were not disturbed during the filming of the scene, and that no nudity, simulated sexual activity, or physical contact of a sexual nature occurred between the performers.
The controversy arises in connection with Horizon: An American Saga – Chapter 2, which premiered at the Venice Film Festival one year ago to negative critical reception and has yet to secure a release date. The production, featuring actors including Sienna Miller, Sam Worthington, Giovanni Ribisi, Jena Malone, Michael Rooker, Danny Huston, Luke Wilson, Thomas Haden Church, and Jamie Campbell Bower, was personally financed in part by Mr. Costner, who mortgaged real property and invested approximately $38 million of personal funds into the first two installments of the project.
Mr. Costner, who wrote, produced, directed, and starred in Chapter 1 as the character Hayes Ellison, has publicly acknowledged financial and logistical challenges in advancing subsequent installments. Notwithstanding the commercial under-performance of Chapter 1—which generated approximately $38.7 million at the box office—he has pledged to continue production of Chapters 3 and 4.#newsafro_
