Kevin Costner's legal team has asked a judge to dismiss a lawsuit filed by stuntwoman Devyn LaBella, saying new court filings show she altered key details of her account of an alleged unscripted sexual assault on the set of his film Horizon: An American Saga — Chapter 2.
LaBella, a SAG Award‑nominated stunt performer, sued Costner and others earlier this year alleging that on May 3, 2023 she was subjected to an unscripted rape scene inside a covered wagon while doubling for actor Ella Hunt. In court papers made public Monday, Costner's attorneys say LaBella's most recent documents acknowledge that stunt coordinator and second‑unit director Wade Allen met with her and "explained the shot in advance," undermining her initial claim that she had not been forewarned.
Costner's counsel also contend that LaBella previously admitted she had "blocked" the scene and understood elements of the choreography, including that an actor would lift her skirt while she was positioned in the back of the wagon. In an August 19 filing seeking dismissal, the actor‑director insisted that the aerialist's pantaloons and petticoats remained in place, and that there was no nudity, rape, simulated sex or improper physical contact between performers.
Marty Singer, an attorney for Costner, told the Daily Mail that LaBella's claims are "groundless" and "ridiculous," and said 12 independent witnesses could confirm that aspects of her story were fabricated. Singer also characterized the lawsuit as a "transparent shakedown," and said Costner would "stand up and fight for the truth."
LaBella's lawyers have disputed those characterizations. One attorney called it "disturbing to see the defendants continue to 'mansplain' to Devyn what her own experience was on set," and said LaBella "has sworn under oath to the truth and has produced contemporaneous proof to back it up." LaBella's camp also said her account has remained consistent since she reported the incident to production in May 2023.
In filings and public statements, the parties have pointed to various contemporaneous messages and photographs. LaBella says she filmed a scripted rape scene on May 1 with an intimacy coordinator and that she expected similar protections the next day, when she alleges the unscripted incident occurred. She has told investigators she was menstruating during the May 3 shoot and that co‑star Roger Ivens ripped her pantaloons "from the waist down to the crotch," exposing her underwear; she alleges Ivens put his hand "on or near [her] breast and vaginal areas" and that she felt trapped by his body.
Costner and his lawyers have produced a May 11, 2023 text message they say was sent by LaBella to Wade Allen thanking him for their time together on the production and expressing that she was "really happy it worked out the way it did." They also provided on‑set photos they say show LaBella smiling with Costner and shots of the scene with her costume appearing intact.
LaBella publicly shared screengrabs in June of a May 3 text conversation with an intimacy coordinator, Celeste Chaney, in which she described the scene as "an abomination" and listed grievances about how the shooting was conducted. The dispute has focused in part on whether an intimacy coordinator was present for the May 3 shoot; LaBella asserts one was not provided for that scene.
The legal battle comes amid lingering questions about the future of Horizon: An American Saga — Chapter 2. The long‑delayed western sequel premiered at the Venice Film Festival last year to poor reviews and has no announced wide release date. Costner wrote, directed, produced and starred in the multi‑part project, which he has publicly described as a personal and financial commitment; earlier reporting said he invested significant private funds to keep the series moving forward.
The second chapter's ensemble cast includes Sienna Miller, Sam Worthington, Giovanni Ribisi, Jena Malone, Michael Rooker, Danny Huston, Luke Wilson, Thomas Haden Church and Jamie Campbell Bower. Court filings from both sides continue to be exchanged as each side seeks documentary evidence and witness testimony to support its version of events. The matter remains before the courts, and the judge will consider Costner's motion to dismiss in due course.