Kevin Costner has been sued by a stunt performer from the set of Horizon 2, who alleged that she was subjected to a "violent, unscripted, unscheduled" rape scene during filming in Utah on May 2, 2023.
Devyn LaBella, 34, filed the lawsuit on Tuesday May 27 in Superior Los Angeles County Court alleging sexual discrimination, sexual harassment, creation of a hostile work environment based on sex, failure to remedy/prevent discrimination and harassment, retaliation, and intentional infliction of emotional distress.
Marty Singer, an attorney for Kevin, said in a statement that the claims had "absolutely no merit".
"As a stunt performer on Horizon 2, the scene in question was explained to Ms. LaBella, and after she performed the rehearsal in character with another actor, she gave her Stunt Coordinator supervisor a 'thumbs up' and indicated her willingness to then shoot the scene, if needed (which she was not)," said Mr Singer.
The lawsuit alleges that Ms LaBell, who has appeared on The Rookie and CSI: Vegas, was the lead stunt double for the series' lead actor, Ella Hunt and that things went as planned during the first few weeks until they "changed drastically" on May 2 when it is alleged that Kevin requested an additional scene not on the call sheet.
In the scene, actor Roger Ivens was asked to climb on top of Ms Hunt, violently hike up her skirt and simulate 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," reads the lawsuit.
Ms LaBella claims she was not told Ms Hunt had left, and that when she was asked to "stand in" for the actress, she agreed even though it was not within her scope as a stunt double. However, she alleges that she was not aware of the nature of the scene, and only realized what would occur when Ivens was already on top of her.
"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. Ivens to repeatedly perform a violent simulated rape on Ms. LaBella," the complaint reads.
Any performers doing a scene simulating sex must have prior written consent in the form of a rider that must be provided at least 48 hours before call time, according to SAG-AFTRA rules.
Ms LaBella alleges that she contacted the intimacy coordinator and told her about what happened, and that she was not hired back as the stunt double for Horizon 3 which began filming in early 2024.
"On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism. What happened to me shattered my trust and forever changed how I move through this industry," Ms LaBella said in a statement on Wednesday.
"This experience has ignited in me a lifelong mission to be the advocate I once needed, ensuring no one else is ever left as vulnerable as I was."
The lawsuit is seeking compensatory and punitive damages, that the defendants submit to anti-sexual harassment and anti-sexual violence training, that defendants be required to engage an intimacy coordinator on all future productions, and that defendants issue a public apology to LaBella.
Horizon: An American Saga is a four-part series chronicling the settlement of the American West. It has been a passion project for Kevin, but has been subject to middling reviews.
Chapter 1 was released in June 2024 after a Cannes Film Festival premiere but although Chapter 2 premiered at film festivals month later, its theatrical release has been pushed back with no set date.
Horizon had a budget of $100 million, and was filmed in a Utah set that Kevin plans to expand into a massive, Costner-themed movie filming compound.
He put $38 million of his own money into the first film alone, though it earned only $11 million on opening weekend, and a total of $32 million globally so far.