Stuntwoman Sues Kevin Costner & ‘Horizon’ Over Unscripted Rape Scene

Kevin Costner and his Horizon: An American Saga franchise are already facing legal action from New Line over a cofinancing deal, and now the star/director of the Western series has been hit with a sexual harassment suit by a veteran stuntwoman over an unscheduled, unrehearsed “violent unscripted” rape scene.

Costner’s longtime attorney Marty Singer has bluntly called “shakedown” on the unspecified damages jury trial seeking complaint from Devyn LaBella.

Represented by lawyers at Hadsell Stormer Renick & Dai and Valli Kane & Vagnini, SAG-AFTRA member and Barbie alum LaBella says she is filing “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 hired under a guild contract on the still 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 four Horizon films Costner has planned, took place in Utah.

Following a previous filing late last year with the California Civil Rights department, the plaintiff’s document in 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 clear violation of SAG-AFTRA on set protocols, the sexual harassment, sexual discrimination and retaliation complaint 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 nine claim complaint also says is that Saturday Night cast 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 filing says, noting that LaBella knew nothing about this until much later.

Having had nothing but a professional and above board experience so far on the film, LaBella took to the task when she says Costner asked her to “stand in” for the departed Hunt to “line up [a] shot.” Then, on a far from closed set and with no intimacy coordinator, a modern underwear wearing 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 complaint alleges.

Not only did Costner seek different takes, but the Oscar winner seems to have wanted to increase the violence in the assault with little concern for LaBella, at least according to her filing:

As Defendant Costner directed Mr. Ivens to carry out the violent assault over and over and over again, Ms. LaBella felt the air pour over her intimate parts as her personal undergarments were exposed, even though to Ms. LaBella’s knowledge, costume underwear is typically worn in planned intimate shots. This exposure was especially humiliating to Ms. LaBella as she was menstruating at the time, compounded by the fact that between takes, Mr. Ivens’ hands rested on top of the bundled-up skirt above her vagina. Wardrobe immediately sewed up Ms. LaBella’s bloomers after the scene as she requested. It should have been done prior to the scene, but the departments were not prepared or informed that the scene would be happening. 

There was no escaping the situation, and all Ms. LaBella could do was wait for the nightmare to end.

With New Line Cinema (who are battling Costner in that cofinancing action) and Territory Pictures, Inc.,  among the other defendants, LaBella’s suit 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 also says she was “blacklisted from subsequent employment opportunities on the Horizon series,” after she told “multiple individuals, including the Intimacy Coordinator and her stunt supervisors” what happened on May 2, 2023.

On the other side, the pugnacious Marty Singer is giving no quarter for the accusations against Costner In an emoji pepper statement to Deadline based in part on alleged texts from LaBella, the Tinseltown lawyer says:

Our client Kevin Costner always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously. However, this claim by Devyn LaBella has absolutely no merit, and it is completely contradicted by her own actions – and the facts.

Ms. LaBella is a serial accuser of people in the entertainment industry and has worked with the same lawyer on past claims. But those shakedown tactics won’t work in this case.

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).

That night, Ms. LaBella had dinner with her supervisor, the stunt coordinator, and with the assistant stunt coordinator, and she was in good spirits and made no complaints to them. She continued to work on the movie for a few more weeks until her wrap date, and she took the stunt coordinator to a thank-you dinner. She also sent him a cordial thank you text illustrated with happy heart emojis (copy attached) 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 lawyers sees it very differently, obviously.

“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 in the courts, what is clear is that after the disappointing box office results of Horizon: An American Saga Chapter 1 last summer, the August 2024 release date for Chapter 2 was shelved. Receiving mixed reviews, the Costner helmed and co-written flick had its world premiere in Venice in September 2024. As of yet, the sequel has no big screen or even streamer launch on the books.

Which means, if not settled, LeBella’s lawsuit could go to trial before Horizon 2 is out and a long time before Horizon 4 eventually finishes up the franchises.