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A stuntwoman has amended her lawsuit against Kevin Costner, originally accusing him of orchestrating a “violent” unscripted rape scene, to now include unsettling alleged text messages.
Devyn LaBella, 34, alleged in one message there had been an “abuse of power.”
The plaintiff, a former gymnast and Hollywood stunt performer since 2020 with credits in films like Barbie and Yellowjackets, first filed her lawsuit on May 27 in Los Angeles Superior Court.
She claims she experienced an unscripted rape scene during the filming of Horizon: An American Saga: Chapter 2, purportedly without adequate warning, consent, or adherence to protocols.
Costner, 70, who was acting as well as directing on set for the movie, has denied all the allegations. His lawyer has denied there was “anything sexual in the shot.”
LaBella amended her lawsuit on June 18 to include alleged text messages, reported the US Weekly.
The publication claimed that it had seen new evidence submitted against Costner and his production firm Territory Pictures.
The shoot included a planned sexual assault scene, shot in May of 2023, that LaBella performed much of because of its violent and physical nature, the initial lawsuit said.
LaBella’s lawsuit said she was the stunt double for one of the Horizon leads, Ella Hunt, 27, throughout the Western.
For the initial scene, protocols were followed, including meetings, rehearsals, the presence of an intimacy coordinator and minimal crew, the lawsuit stated.
But it alleged that the following day, in an unscripted scene with no warning, rehearsal or choreography, Costner directed an actor to pin LaBella down on a wagon and simulate rape.
The lawsuit claimed that Costner asked for many takes as he experimented with the violent action and did not make it clear when a shot was beginning or ending.
The amended lawsuit includes alleged text messages LaBella claimed to have exchanged with the film’s intimacy coordinator, Celeste Cheney, the day after the alleged scene was shot.
LaBella wrote in the alleged text, dated May 3, “Hi Celeste… I wanted to discuss yesterdays abomination when we both have a chance.
“Are you around today? I was put in a really wrong position and it’s really affected me.”
INTIMACY
According to the Weekly, Cheney replied, “Oh no, I’m so sorry to hear this, Devyn. Yes, of course, let’s talk it through.”
In a further alleged message, LaBella reportedly asked the coordinator, “Why was there no intimacy coordinator?”
The Weekly claimed that she also allegedly texted, “Why was a stunt double doing this non stunt work — especially given the sensitivity of it?
“Who is gonna take responsibility for the abuse of power …”
EXPLICIT ACTION
These questions were among more than a dozen that LaBella allegedly asked Cheney in relation to the scene.
For example, the amended lawsuit said she also allegedly asked, “how did lining up a shot turn into a rape sequence?” and “why was sensitive and explicit action commanded when it wasn’t in the script?”
The Weekly claimed that Cheney later wrote an incident report in which she allegedly noted that “apologies were made to Ella [Hunt] and Devyn by various parties involved.”
COSTNER’S ATTORNEY RESPONDS
Costner’s attorney, Martin Singer, has rejected LaBella’s claims.
He said in a statement, “Ms. LaBella was doing a rehearsal on an insert shot for a scripted scene.”
Any shot whose only objective is to draw the viewer’s attention to a single aspect inside a scene is referred to as an insert shot, according to the Nashville Film Institute.
Singer told The U.S. Sun, “There was no intimacy or anything sexual in the shot.
“There was tugging on a dress while she was fully clothed in a dress with long bloomers lying down next to a male actor.
“Numerous witnesses have contradicted Ms. LaBella’s meritless claims.
“She herself texted her supervisor after she wrapped stating, ‘Thank you for these wonderful weeks.’
“We look forward to the swift end of this specious lawsuit.”
REHEARSED
It followed his previous statement on the lawsuit when it was lodged.
He said last month, “The scene in question was explained to Ms. LaBella.
“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).”
He added, “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.”
DAMAGES
The lawsuit seeks damages in an amount to be determined at trial.
It also seeks a judge’s order for the defendants to undergo sexual harassment training, to be required to use an intimacy coordinator on future productions and to issue LaBella a public apology.
Costner has spent 30 years trying to make the ambitious, four-part Western epic Horizon: An American Saga.
The first part was released in June 2024.
But plans to release the second immediately afterwards were put on hold after the poor box office performance of part one.