Kevin Costner’s Bid to Throw Out ‘Horizon 2’ Stunt Performer’s Harassment Suit Fails
Judge Denies Kevin Costner’s Effort to Dismiss Harassment Lawsuit Over ‘Horizon 2’ Scene
Kevin Costner’s attempt to dismiss a sexual harassment lawsuit tied to a controversial scene in Horizon: An American Saga – Chapter 2 was rejected on Thursday by a Los Angeles judge.
The lawsuit, filed in May by stunt performer Devyn LaBella, accuses Costner and the production team of staging a graphic, unscripted scene without prior notice or proper safety protocols. LaBella claims she was forced to perform a violent encounter on set—without an intimacy coordinator and in violation of SAG-AFTRA rules.
According to the suit, LaBella was standing in for actress Ella Hunt during filming in May 2023, when Hunt allegedly refused to perform the scene. LaBella says she was unexpectedly subjected to an aggressive physical act, including being pinned down and having her skirt lifted, which she describes as traumatizing and humiliating. She further alleges the incident breached workplace safety standards and union regulations.
Costner’s legal team, led by attorney Marty Singer, filed a motion to strike the case under California’s anti-SLAPP statute—a law designed to protect free speech against meritless legal action. The defense argued that the film’s depiction of the historical dangers faced by women in the American West is protected creative expression under the First Amendment.
However, Judge Jon Takasugi declined to dismiss the bulk of the case, ruling that LaBella’s claims met the legal threshold to proceed. He found that while Horizon is indeed an expressive work, the lawsuit presents plausible claims that cannot be tossed under anti-SLAPP protections at this stage.
“Men in positions of power cannot hide behind the ‘creative process’ to excuse abusive conduct,” said LaBella’s attorney Kate McFarlane. “We expected this outcome and are prepared to hold the defendants accountable in court.”
Although two of the ten claims were dismissed—including a Bane Act claim and one harassment allegation limited to non-workplace settings—eight remain. These include claims of sexual harassment, sex-based discrimination, retaliation, and breach of contract.
In response, Costner has denied all wrongdoing, labeling the claims “completely false.” His legal team argues the scene in question was neither sexual nor violent in nature and maintains that LaBella was informed about the content ahead of time. Statements from other actors and crew members were submitted to support that view.
Singer criticized the judge’s ruling and signaled plans to appeal, a process that could delay proceedings significantly.
“While we disagree with the court’s decision to allow the case to continue, we are confident the facts will ultimately vindicate Mr. Costner,” Singer said. “There was no simulated rape, no sexual harassment, and absolutely no retaliation. What’s being portrayed is simply false.”
For now, the case moves forward with a trial likely delayed pending the outcome of the appeal.
