Costner Files For Lawsuit Against Him To Be Dismissed

“[Devyn LaBella’s] claims against me are absolutely false,” said Academy Award-winning filmmaker Kevin Costner in his August 18 declaration responding to a lawsuit filed against him.

That lawsuit, which was filed in May by LaBella in the Superior Court of the State of California, claims that Costner created a “hostile work environment” when he allegedly forced a stunt double to perform in a “violent unscripted, unscheduled rape scene” during the 2023 production of Horizon: An American Saga – Chapter 2.

Costner’s response not only claims his innocence, but also says such a scene was never filmed.

Further, his declaration was made as part of a special motion to strike down LaBella’s lawsuit.

“My belief is that Devyn’s claims were designed, through the use of false statements and sensationalistic language, to damage my reputation,” Costner says, adding he believes she is an “opportunist” seeking “a massive and unjustified payday.”

Continuing, he said, “It is deeply disappointing to me that a woman who worked on our production would claim that I or any other member of my production team would make one of our own feel uncomfortable, let alone suffer the ‘nightmare’ she has invented.”

Background

Hired onto the film Horizon while it was in production in 2023, LaBella was primarily working as the stunt double for actress Ella Hunt in Costner’s troubled four-part Western film series.

In late May of this year, LaBella filed a lawsuit against Costner, alleging she is “the victim of a violent unscripted, unscheduled rape scene directed by Kevin Costner.”

From this, she says she was also ostracized on set and not rehired to return for the third installment of the Horizon series.

On June 18, she amended her lawsuit, adding evidence in the form of text messages between her and the film’s intimacy coordinator.

The incident in question allegedly occurred on May 2, 2023, with the lawsuit stating, “There was no escaping the situation, and all [LaBella] could do was wait for the nightmare to end.”

In the days following the impromptu rape scene, LaBella says she met with the stunt coordinators on the film as well as the intimacy coordinator to inform them about what happened on May 2.

The lawsuit claims her ability to work was impeded upon, saying she “experienced continuous reminders of the shame, humiliation and complete lack of control she had experienced during the May 2 filming; she experienced sudden bouts of crying on and off set.”

When the film wrapped production, she was not hired to return for Horizon: An American Saga — Chapter 3, which is not yet in production.

Presently, Horizon 2 has only premiered on the film festival circuit, after having its scheduled wide theatrical release delayed.

Costner Rebuts Allegations Made Against His Ethics As A Director

Reader discretion is advised: the following information and excerpts from the lawsuit and declaration are of a graphic and intimate nature.

According to LaBella’s lawsuit, she arrived on set expecting to “perform a non-intimate scene as a double for [Ella] Hunt.”

Further, her lawsuit alleges that Costner requested for additional scenes to be shot, without notice of physical action or provisions in place for an intimacy coordinator.

Costner responded to this, telling how on the previous day of production, May 1, 2023, Ella Hunt had completed a scene depicting “only the lead up and the aftermath” of her character being raped.

The next day, there was a realization that a different male character was to have raped Ella’s character, so Costner devised a shot that would allow for Ella to not have to be on set to endure acting out the action leading up to the rape again.

Using LaBella as a stand-in, Costner said he devised a static shot of just the actor’s “hand taking [Ella’s character’s] dress by the hem (at her ankles) and moving the hem up the side of her leg to her knee.”

LaBella’s account of the scene was as follows:

“As filming began, Ms. LaBella laid down in the wagon as Defendant Costner instructed. Costner approached her and directed that she hang her boots out of the wagon as the camera team and crew continued to test out and frame their shots … Then, 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. [Roger] Ivens to repeatedly perform a violent simulated rape on Ms. LaBella. As directed by Costner, this unscripted, unrehearsed scene consisted of Mr. Ivens mounting Ms. LaBella while miming the unbuttoning of his pants, and using his body and arms forcibly pinning down Ms. LaBella, who was on her back underneath him. Mr. Ivens violently rustled Ms. LaBella’s skirt up as if trying to penetrate her against her will.”

In his August 18 declaration, Costner writes, “When I reviewed the Complaint filed by [LaBella] in this lawsuit, I was shocked at the false and misleading allegations she was making.”

Costner’s account of the May 2 events states that the scene was not a scene, but rather a pickup shot — a shot from within a larger scene that is filmed after the fact.

This pickup shot was only blocked a few times, which means it was “choreographed.” Beyond that, the day’s schedule did not allow for the shot to ultimately be filmed, despite the presence of a camera.

“There was no nudity, simulated sex, simulated rape, physical contact, fighting, gyrating, or any physicality other than [LaBella’s] outer dress being pushed from her ankles to her knees,” Costner countered. “This was not a ‘violent rape scene;’ it was an extremely quick, tightly-focused shot showing [Ivens] moving the hem of her dress and was designed to imply what was about to happen — nothing more.”

Speaking on his observations while directing the blocking of the shot, Costner noted that “[LaBella consented to block the shot” and “did not look uncomfortable or in distress.”

This was evidenced by Costner’s recollection of the day as well as on set photographs.

As for concerns that LaBella had not been hired for the third Horizon film, Costner said, “Ella’s character … is not in Horizon III, and so there would be no reason to hire [LaBella] as Ella’s stunt double for that film.”

Read Costner’s full declaration, courtesy of Deadline, here.

The Fate Of Costner’s ‘Horizon’ Series

Presently, the second installment in Kevin Costner’s Western film series Horizon: An American Saga is still awaiting a wide release — even after it premiered out of the main selection of the 2024 Venice Film Festival.

Part 1 premiered at the Cannes Film Festival before being given a theatrical release

Earlier in May of 2025, one of the film’s investing partners and its distributor filed for arbitration proceedings against Costner in an effort to recoup funds.

Watch the trailer for Horizon: An American Saga — Chapter 1, here: