On a sunny day in May 2023, stunt performer Devyn LaBella arrived at the Utah set of 'Horizon: An American Saga – Chapter 2,' the sequel to Kevin Costner's expansive Western saga, anticipating a routine role as a stand-in for one of the film's stars in unremarkable scenes. To her astonishment, she found herself thrust into an unplanned, grueling rape sequence without prior notification, explicit consent, or the crucial presence of a contractually required intimacy coordinator.
Now, LaBella has initiated a lawsuit against Costner and the production companies involved, accusing them of sexual discrimination, harassment, and fostering a toxic work environment. Furthermore, the lawsuit alleges that after she reported the incident, LaBella faced retaliatory actions, including being excluded from further work on the 'Horizon' series and being blacklisted by the film's stunt coordinator, with whom she had previously collaborated.
"On that fateful day, I was left vulnerable, unattended, and profoundly betrayed by a system that was supposed to guarantee safety and professionalism," LaBella articulated in a statement to The Hollywood Reporter. "What transpired shattered my trust and irrevocably altered my perspective and navigation within this industry."
In response, Costner's attorney Marty Singer issued a statement asserting that his client "consistently strives to ensure everyone feels at ease while working on his films and takes set safety with utmost seriousness." However, he dismissed the lawsuit as "utterly baseless" and "flatly contradicted by LaBella's own conduct and the factual record."
This lawsuit marks another legal skirmish for 'Horizon,' as Costner's loan-out firm for the series recently faced an arbitration claim, accused of breaching its co-financing agreement with New Line Cinema. The complaint was filed after negotiations with Costner and production representatives failed to reach a settlement, according to James Vagnini of Valli Kane & Vagnini, one of LaBella's legal representatives, supported by the Time's Up Legal Defense Fund.
The 'Horizon' series is the culmination of decades of perseverance by Costner, a seasoned veteran of Western epics, spanning from 'Dances With Wolves' to 'Hatfields & McCoys' to 'Yellowstone.' Finding no major studio willing to fund what he deemed necessary, Costner invested a personal $38 million into the project. Despite this, the series' inaugural film premiered to a disappointing box office in June 2024.
An ascending stunt performer with credits on projects such as "Barbie" and "American Horror Stories," LaBella was enlisted for the second installment of "Horizon," serving as the primary stunt double for actress Ella Hunt, who portrays a pivotal character in the film. Hunt's role entailed scenes depicting sexual violence. According to the lawsuit, as part of her agreement, Hunt had negotiated for a mandatory intimacy coordinator to be present during all nude or intimate scenes, a provision that, logically, extended to LaBella in her role as Hunt's stunt double. Furthermore, being members of the performers' union SAG-AFTRA, Hunt and LaBella's intimate scenes were also governed by the union's regulations, necessitating prior notification, consent, and a closed set environment.
On May 1, a scripted rape scene unfolded meticulously as outlined in the lawsuit: The specifics of the scene, where LaBella executed the more physically demanding and intense actions, were detailed on the day's call sheet. It was rehearsed with a stunt coordinator and an intimacy coordinator, later monitored by the latter, occurred on a closed set, and was structured to allow performers breaks between takes.
However, the lawsuit alleges that all semblance of protocol was abandoned the following day when LaBella arrived on set to perform two non-intimate sequences and was unexpectedly asked by Costner to step in for Hunt for a shot. Unbeknownst to LaBella, the complaint asserts, Hunt had just left the set, visibly distressed, after Costner informed her he had spontaneously added a scene of sexual violence involving a different character than the previous day's.
Instructed to lie down on a wagon, LaBella alleges that she only realized this was a rape scene when Costner directed actor Roger Ivens to simulate nonconsensual sex atop her: "Mr. Ivens roughly tugged Ms. LaBella's skirt up as though attempting to penetrate her against her will," pinning her down as per the director's orders, the complaint states. No prior notice was given, the scene hadn't been rehearsed, no intimacy coordinator was present, and the entire action was displayed on monitors visible to the entire crew, according to the lawsuit.
Costner's attorney, Singer, contends that it was merely a rehearsal with the cameras not rolling, not a filmed scene. He adds that the film's stunt coordinators were on set. Following this rehearsal, LaBella "gave her Stunt Coordinator supervisor a thumbs-up and expressed her willingness to shoot the scene, if required," he asserts; ultimately, the scene was filmed with a stand-in, not LaBella.
The lawsuit underscores that Costner failed to consistently call "action" or "cut" during this process, leaving LaBella without sufficient time to grasp what was happening as the actions repeated. Meanwhile, "Mr. Ivens never released Ms. LaBella," the suit states, consistently keeping his hand on her body. Additionally, the complaint alleges that the wardrobe department had not prepared LaBella for her undergarments to be exposed, contrary to the directions Costner was giving to Ivens.
The complaint portrays LaBella as shaken and "terrified" following this harrowing experience. Subsequently, she voiced her concerns and complaints to multiple stunt coordinators and the film's intimacy coordinator, later feeling that many on the production team were handling her with undue delicacy, the suit notes. While she received apologies from some colleagues, she was instructed to remain in her trailer, fully dressed in costume, and was not utilized on set for several days, the complaint claims.
Singer contests LaBella's claim that she lodged a grievance with the film's stunt coordinators, asserting, "She was in high spirits and voiced no complaints to them" during a dinner held the evening subsequent to the controversial scene. He further relates that LaBella hosted a gratitude dinner for stunt coordinator Wade Allen after wrapping up production and even sent him a heartfelt text message, reading, "Thank you for these wonderful weeks!" However, LaBella's involvement in the series came to an abrupt end when she was not recalled for the third installment, and Allen opted not to rehire her despite their previous collaborations before 'Horizon.'
The lawsuit paints a picture of LaBella's career experiencing an unexpected stall following this incident. Allen's refusal to rehire her, coupled with the lawsuit's depiction, highlights how "the workplace, and stunt work specifically, which once served as a source of purpose and fulfillment for her, has transformed into a realm of heightened anxiety. The entire experience has left Ms. LaBella feeling expendable and devoid of self-worth," the complaint laments.
Should the case proceed to trial, LaBella and her legal team seek not only compensatory damages but also punitive damages from the jury. Beyond financial reimbursement, the suit aims to "shed light on the persistent oversight at the pinnacle of Hollywood production companies in acknowledging and addressing the ramifications of performing in sexually explicit and violent scenes, emphasizing the necessity of intimacy coordination," the complaint underscores.
The rise of intimacy coordinators in Hollywood gained momentum following the #MeToo movement, prompting a recalibration of power dynamics on sets. These coordinators are tasked with choreographing intimate scenes, acting as safeguards for performers' safety and comfort. While some celebrities have warmly embraced them, including Rachel Zegler and Phoebe Dynevor, others have dismissed their need, such as Mikey Madison and Sean Bean.
According to the lawsuit, an intimacy coordinator was mandatory under a performer's contract in this case, augmenting existing union safeguards. Jennifer Mondino, the Senior Director of the Time's Up Legal Defense Fund, which is backing the case, remarks, "The protocols supposedly adhered to on standard movie sets were not being followed." LaBella's attorney, Vagnini, adds, "If such breaches can occur on a production with a budget of $100 million or more, imagine the situation on smaller-scale projects where cost-cutting measures are more prevalent."
In response, Singer maintains, "The facts are unmistakable, and we are fully confident that Kevin will emerge victorious."
