Judge Rules Kevin Costner Sexual Harassment Suit By ‘Horizon II’ Stuntwoman Will Continue; Oscar Winner Plans ASAP Appeal
Kevin Costner Fails to Dismiss Most of Stuntwoman’s Sexual Harassment Lawsuit Over Horizon II; Judge Allows Case to Proceed
Kevin Costner faced a legal setback today as a Los Angeles judge refused to dismiss most of the sexual harassment and hostile work environment claims brought against him by Horizon II stuntwoman Devyn LaBella. Of the 10 claims in LaBella’s suit, only two were dismissed, with the rest moving forward toward trial.
Following a hearing in LA Superior Court, Judge Jon R. Takasugi affirmed his tentative ruling, granting Costner’s legal team’s anti-SLAPP motion on just two points: dismissing LaBella’s claims related to California Civil Code sexual harassment and alleged violations of the Bane Act (interference with civil rights). However, the remaining claims—including sexual discrimination, harassment, failure to prevent harassment, and breach of contract—will proceed.
“While Plaintiff alleges a single incident, she submitted evidence which could show that she was subjected to an unplanned simulated rape scene… without a discussion, explanation, choreography session or stunt or intimacy coordinator present,” wrote Judge Takasugi in his ruling. He concluded that this could constitute a hostile work environment from the perspective of a reasonable person.
LaBella’s suit stems from a May 2, 2023, shoot on the still-unreleased Horizon II, where she claims she was forced into an unscripted and violent simulated rape scene without proper safety oversight. Her attorneys argue the production lacked both an intimacy coordinator and a stunt coordinator, as required under her SAG-AFTRA contract.
Judge Takasugi sided with LaBella on her breach of contract claim, finding she had provided sufficient evidence that key SAG-AFTRA provisions were violated. “Plaintiff has thus substantiated a legally tenable claim,” he ruled.
Costner, who did not attend the hearing, has denied all allegations. His team previously called LaBella’s claims a “bold-faced lie” and accused her of trying to damage the actor’s reputation. Attorney Marty Singer, representing Costner, said they plan to appeal the decision immediately. “There was never any ‘simulated rape,’ ‘simulated sex,’ or sexual harassment – and absolutely no retaliation,” Singer said Thursday. “She is seeking millions of dollars for agreeing to participate in the rehearsal of a single, benign shot.”
LaBella’s legal team, including attorneys James A. Vagnini and Kate McFarlane, celebrated the ruling. “Today, the court stood with Devyn and recognized the strong merits of her case,” said Vagnini. “We hope the Defendants won’t waste any more time on frivolous motions and instead allow the discovery phase to proceed.” McFarlane added: “The creative process cannot and does not give men in power complete impunity to abuse women like Ms. LaBella.”
A follow-up hearing on Costner’s demurrer is set for December, potentially putting further aspects of the case back under legal review. Meanwhile, the fate of Costner’s Horizon franchise remains uncertain, with Horizon I underperforming at the box office and no confirmed release date for the second installment.
Regardless of the outcome, this lawsuit casts a long shadow over both Costner’s film and reputation—especially as he prepares to appeal and fight the claims in court.
