Kevin Costner Sued By ‘Horizon 2’ Stunt Performer Over Unscripted Rape Scene

One day in May 2023, stunt performer Devyn LaBella showed up to the Utah set of Horizon: An American Saga – Chapter 2, the second part of the sprawling Western series from Kevin Costner, expecting to double for one of the film’s stars in some basic, fairly boring shots. Instead, she says, she was surprised by being subjected to an unscripted, brutal rape scene without proper notice, consent or the presence of a contractually mandated intimacy coordinator.

Now, LaBella is suing Costner and the film’s production companies for sexual discrimination, harassment and the creation of a hostile work environment. Moreover, the complaint alleges LaBella faced retaliation after she reported the incident by not being called back for subsequent work on the Horizon series and never being hired again by the film’s stunt coordinator, with whom she had worked previously.

“On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism,” LaBella said in a statement to The Hollywood Reporter. “What happened to me shattered my trust and forever changed how I move through this industry.”

In a statement, Costner’s attorney Marty Singer said his client “always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.” He says, however, that the lawsuit has “absolutely no merit” and is “completely contradicted by [LaBella’s] own actions — and the facts.”

The suit represents the latest legal battle for Horizon, as Costner’s loan-out firm for the series was recently hit with an arbitration claim for allegedly breaching its co-financing agreement with New Line Cinema. This complaint was filed after settlement discussions with Costner and production company representatives broke down, says James Vagnini of Valli Kane & Vagnini, one of the attorneys representing LaBella, with support from the Time’s Up Legal Defense Fund.

The Horizon series is the product of decades of hustle from Costner, a veteran of the Western epic, from Dances With Wolves to Hatfields & McCoys to Yellowstone. With no major studio willing to fork over the cash he felt was needed, Costner invested $38 million of his own funds, with the series’ first film premiering to anemic box office in June 2024.

An ascendant stunt performer who had worked on Barbie and American Horror Stories, LaBella was hired on Horizon’s second installment as the lead stunt double for actress Ella Hunt, who plays one of the film’s main characters. Hunt’s role did involve sexual violence. As part of her contract, the lawsuit maintains, Hunt negotiated a mandatory intimacy coordinator on all nude or intimate scenes, which, as her stunt double, would apply to LaBella as well. Moreover, given that Hunt and LaBella are members of the performers union SAG-AFTRA, their intimate scenes would also be subject to the labor group’s regulations, which call for prior notice, consent and a closed set.

Everything went by the book for a scripted rape scene that shot on May 1, according to the suit: The scene — where LaBella performed the more physical, rough aspects of the action — was detailed on the day’s call sheet, rehearsed with a stunt coordinator and an intimacy coordinator, later monitored by that intimacy coordinator, took place on a closed set and was structured such that performers got breaks in between shots.

But rules were allegedly thrown out the window the next day, when LaBella showed up on set to double for two non-intimate sequences and was asked by Costner to stand in for Hunt for a shot. Unbeknownst to LaBella, the complaint claims, Hunt had just walked off of the set, “visibly upset,” after Costner told her he had just added an impromptu scene of sexual violence perpetuated by a different character than the previous day’s scene.

LaBella, instructed to lay down on a wagon, allegedly only found out that this was a rape scene after Costner called for actor Roger Ivens to simulate nonconsensual sex on top of her: “Mr. Ivens violently rustled Ms. LaBella’s skirt up as if trying to penetrate her against her will” while pinning her down per the director’s orders, the complaint states. No notice had been given, the scene had not been rehearsed, no intimacy coordinator was on set and all of the action was aired on monitors that could be viewed by the entire crew, according to the suit.

Costner’s attorney Singer maintains that this was a rehearsal without cameras rolling and not a filmed scene itself. The film’s stunt coordinators were present, he added. After this rehearsal, LaBella “gave her Stunt Coordinator supervisor a ‘thumbs up’ and indicated her willingness to then shoot the scene, if needed,” he states; the scene ended up being shot with a stand-in performer and not LaBella.

The lawsuit emphasizes that Costner did not consistently call “action” or “cut” during this process, leaving LaBella without time to fully comprehend what was happening as the action repeated. Meanwhile, “Mr. Ivens never separated from Ms. LaBella,” the suit says, consistently keeping his hand on her body. Moreover, the complaint claims the wardrobe department had not prepared LaBella for her undergarments to be exposed, as they were by the directions Costner was giving Ivens.

The complaint describes LaBella as shaken and “terrified” following this experience. Afterward, she raised concerns and made complaints to several stunt coordinators and to the film’s intimacy coordinator, later feeling that many in the production team were treating her with kid gloves, the suit states. She received some apologies from colleagues on the film, but was directed to stay in her trailer, fully costumed and not used on set for several days, the complaint claims.

Singer disputes that LaBella made a complaint to the film’s stunt coordinators, saying “she was in good spirits and made no complaints to them” at a dinner the night after the scene. He says that LaBella took stunt coordinator Wade Allen to a thank-you dinner following the production, and sent him a text stating, “Thank you for these wonderful weeks!”

Ultimately, LaBella was not called back for the third film in the series, and Allen did not hire her again, though he had hired her for projects before Horizon.

The lawsuit alleges that LaBella’s career came to an “abrupt halt” after the incident. Not only was Allen not hiring her again, but “the workplace, and stunt work in general, which was once a source of purpose and fulfillment, is now a place of heightened apprehension and the whole experience has left Ms. LaBella feeling ‘disposable’ and ‘worthless,’” the complaint states.

If the case goes to trial, LaBella and her attorneys are asking the jury to determine any potential punitive damages. Beyond compensation, the point of the suit is also 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,” the complaint reads.

The use of intimacy coordinators in Hollywood exploded after the #MeToo movement prompted a reappraisal of power dynamics on set. Choreographing scenes of an intimate nature, intimacy coordinators are intended to be watchdogs for performer safety and comfort. While some famous performers have embraced them (Rachel Zegler, Phoebe Dynevor), others have waved them off or said they didn’t feel they need them, like Mikey Madison and Sean Bean.

Per the lawsuit, in this case an intimacy coordinator was mandated by a performer contract, amplifying existing union protections. Says Jennifer Mondino, the senior director of the Time’s Up Legal Defense Fund, which supported the case, “The guidelines that are supposed to be followed on regular movie sets weren’t being followed.”

Adds LaBella’s lawyer Vagnini, “If it can happen on a size of a production worth $100 million or more, imagine what happens on smaller ones where you’re really trying to cut corners.”

As for Singer, he says, “The facts are clear and we are beyond confident that Kevin will prevail.”

Read The Full Article On The Hollywood Reporter

Marilyn Manson Accuser Gets Trial Date for Revived Claims of ‘Horrific’ Abuse

“We are happy that the delays are behind us and that we will have an opportunity to depose [Manson] and present all the facts to a jury next year,” a lawyer for plaintiff Ashley Walters says

By Nancy Dillon/ Rolling Stones

THE ARTIST AND personal assistant who claims Marilyn Manson whipped her, threw plates at her and sexually assaulted her received a trial date Tuesday for her previously dismissed lawsuit that was revived on appeal.

Ashley Walters is now scheduled to face Manson, whose legal name is Brian Warner, at a jury trial set to begin June 2, 2025, a Los Angeles County judge ruled. The judge ordered the trial after Walters’ lawyer, James Vagnini, told the court that the parties were “not successful at resolving the case” during a mediation last December. 

“We are happy that the delays are behind us and that we will have an opportunity to depose Mr. Warner and present all the facts to a jury next year,” Walters’ lawyer James Vagnini said in a statement to Rolling Stone. “We are confident they will acknowledge the harm done to Ms. Walters and deliver a resounding message to all survivors of such terrible abuse.”

Lawyers for Warner did not immediately respond to a request for comment Tuesday. In a court filing last month, the lawyers wrote that Warner “specifically denies that he assaulted, battered, harassed, or discriminated against plaintiff.”

Read the full article from Rolling Stone here.

5 Notable Workplace Bias Verdicts From 2023

By Anne Cullen/Law 360

Law360 (December 15, 2023, 6:32 PM EST) — A $36 million jury verdict that the U.S. Equal Employment Opportunity Commission secured in September on behalf of a deaf truck driver marked one of many eight-digit damages awards that workers won in discrimination battles this past year.

Trials held all over the country yielded eye-popping wins for workers. Jurors in Nebraska handed down the EEOC’s trial victory in the trucking case, while a jury in Texas slapped Omni Hotels & Resorts with a $25 million damages bill in an equal pay suit in March.

Later that month, a Massachusetts jury awarded a Thermo Fisher Scientific subsidiary executive a $24 million win in her case alleging she was ousted because she suffered from anxiety.

Sarah N. Turner, a partner at Gordon Rees Scully Mansukhani LLP who advises employers, said the big jury awards are increasingly originating beyond states where they are typically expected.

“The large jury verdicts are no longer isolated to large politically liberal-leaning cities, i.e. New York, Los Angeles,” Turner said. “Large jury verdicts in excess of a million dollars are becoming more common in smaller cities, i.e. Portland, Oregon, and more conservative jurisdictions, i.e. Houston.”

While some of these awards will be cut down — due to statutory caps or employer appeals — McDermott Will & Emery LLP employment partner Jeremy White said these results emphasize the legwork that businesses facing a workplace bias claim must do before jurors are impaneled.

“These jury verdicts exemplify the uncertainty of going to trial,” said White, who is a management-side attorney. “They also show that employers need to win these cases in the trenches, during depositions, which will require additional investment at the discovery phase of litigation.”

Here’s a look at five major trial victories for workers in the past 12 months.

Jury Slaps Luxury Hotel Chain With $25.1M Damages

In March, after three days of trial, a Texas jury found that Dallas-based luxury hotel company Omni Hotels & Resorts violated both Title VII of the Civil Rights Act and the Equal Pay Act when it underpaid a food and beverage director because she’s a woman.

Sarah Lindsley, who worked for Omni for about 16 years, had risen from a part-time server to food and beverage director at the chain’s Corpus Christi location, according to case filings. However, she said that despite her hard work, she was consistently paid less than her male peers.

Lindsley also alleged the company ignored the multiple complaints she said she made about the inequity. A jury found Omni had violated federal laws by undercutting Lindsley’s pay, and awarded her $100,000 in emotional damages and $25 million in punitive damages.

A federal judge later knocked the total award down to $300,000 because of statutory damages caps, but experts said the reward is still notable because of how high the punitive damages were compared to the rest of the award.

Deborah S. Brenneman, a management-side employment partner at Thompson Hine LLP, said this demonstrates that the jury was angry at the company. And she said this could have originated from Lindsley’s allegation that Omni didn’t take any corrective action after she complained.

“The plaintiff was able to, at least from what we’ve been able to see, paint a picture that the employer didn’t take their concerns seriously, and juries punish the companies for that,” Brenneman said.

Speaking broadly about this and other verdicts from this year, she said a key takeaway is that management has to take action when it hears concerns, and make a record of the steps that followed.

“The plaintiffs were able to tell stories that the companies just weren’t listening, and it’s a big warning to employers,” Brenneman said. “It’s a big reminder that when somebody complains about an issue, companies need to show they’re taking the concerns seriously, and document why they did or did not make any change.”

The case is Lindsley v. TRT Holdings Inc. et al, case number 3:17-cv-02942, in the U.S. District Court for the Northern District of Texas.

Explore the remaining four noteworthy employment law verdicts of 2023 as covered by Law360 here.

Marilyn Manson’s Former Assistant Wins Appeal to Revive a Previously Dismissed Sexual Assault Lawsuit

Ashley Walters claims Manson sexually assaulted her, whipped her and threw her against a wall when she was his assistant in 2011.

By Daniela Avila/ PEOPLE

Marilyn Manson’s former assistant has won a critical appeal that will revive her previously dismissed lawsuit against the rocker.

On Wednesday, a tribunal with California’s Second Appellate District sided with Ashley Walters and reversed a lower court ruling — sending the case back to a judge for trial, according to documents obtained by PEOPLE.

In the court filings, Walters claims that Manson (whose real name is Brian Warner) forced her hand into his underwear, whipped her, pushed her into a wall, forced her to stay awake for 48 hours straight, offered her up sexually to friends and associates, once required her to stand on a chair for 12 hours and fed her cocaine to keep her awake among other accusations. She also claims he used threatening behavior, like blackmail, to ensure her silence.

“We believe this ruling makes clear that courts must factor in trauma induced repression into the legal reasoning why survivors often come forward years after their trauma to raise claims,” Walters’ lawyer, James Vagnini, says in a statement to PEOPLE. “This clears a path, much like many of the newly passed laws sweeping the country, allowing victims of sexual assault and harassment to raise their claims against their abusers when they are able to, not by a deadline set by statute.”

In 2021, Walters sued Manson, 54, with claims of sexual assault, sexual harassment and sex discrimination. At the time, she argued that though the alleged abuse took place during her year of employment in 2011, the two-year statute of limitations didn’t apply because she had suppressed her memories until 2020.

Read the full article from PEOPLE here.

Marilyn Manson’s Ex-Assistant Wins Appeal, Can Sue for ‘Horrific’ Sexual Harassment and Assault 

By Nancy Dillon/ Rolling Stone

“This is a great victory for all survivors as it provides a clear path for issues of repressed memories,” Ashley Walters’ lawyer says.

THE FORMER ASSISTANT who claims Marilyn Manson sexually assaulted her, whipped her and threw her against a wall during a drug-induced rage won a critical appeal ruling Wednesday that revives her previously dismissed lawsuit against the shock rocker.

Ashley Walters initially sued Manson, whose legal name is Brian Warner, with claims of sexual assault, sexual harassment, and sex discrimination in May 2021. She argued that while the alleged abuse took place during a “horrific” year of employment that ended in 2011, the typical two-year statute of limitations didn’t apply because she had suppressed her memories until 2020. She said the “delayed discovery” rule, which postpones the starting clock for statutes of limitations in cases where victims bury painful memories, had extended her window to file. She further alleged Warner used threatening behavior to ensure her silence.

A trial court judge considered her argument but ultimately tossed her case in May 2022, ruling she “failed to plead facts to invoke the delayed discovery rule.” Walters appealed, and a tribunal with California’s Second Appellate District sided with her Wednesday, reversing the lower court ruling and sending the case back to the judge for trial.

“Walters’s allegations of delayed discovery were sufficient to withstand demurrer, and we reverse,” the judges wrote in their ruling. They noted that while Warner’s defense team argued her allegations were “too memorable and happened too many times for her to have remembered none of it,” the court wasn’t supposed to concern itself with her ability to prove her claims at this stage of her case, only that she asserted them properly.

“This is a great victory for all survivors as it provides a clear path for issues of repressed memories and delayed discovery in these types of cases. I think the court is very firm in articulating a very clear decision as to why survivors have repressed memories and why that should be relevant when they come forward later in life to bring those claims,” Walters’s lawyer, James Vagnini, tells Rolling Stone. He noted that Warner’s camp also was ordered to pay the appellate costs as well. “We think that sends a message,” he says. Warner’s lawyers did not immediately respond to a request for comment.

In court filings, Walters alleged Warner forced her hand into his underwear, whipped her, threw dishes at her, pushed her into a wall, broke down doors to get to her, charged at her and forced her to stay awake for 48 hours straight, one time requiring her to stand on a chair for 12 hours.

Warner, 54, has denied Walters’ allegations and similar claims of abuse from more than a dozen women. In September, he reached a private settlement with a Jane Doe accuser who alleged he brutally raped her in 2011. Doe further claimed Warner deprived her of food and sleep during their abusive dating relationship and that he threatened to “bash her head in” if she reported him. That deal followed after Warner reached a separate settlement with Game of Thrones star Esmé Bianco in January. Bianco had alleged Warner raped and battered her.

Former accuser Ashley Morgan Smithline let her lawsuit end in default in January and formally recanted her allegations against Warner. A second Jane Doe sued Warner in January for sexual assault.

Read the article from Rolling Stone here.

Female Delta Pilot Advances Sexual Harassment, Reprisal Claims

By Patrick Dorrian/ Bloomberg Law

Delta Air Lines Inc. must face a female pilot’s claims of workplace sexual harassment and that she was retaliated against for complaining about gender bias and harassment, including by being forced to undergo retreatment for alcohol abuse.

The ruling by the US District Court for the District of Minnesota rejected Delta’s contention that the retreatment requirement and other job actions cited by the pilot weren’t adverse for purposes of proving job retaliation, but instead were “beneficial opportunities” permitted by its collective bargaining agreement with her union. Binding case law “indicates otherwise,” the court said.

According to Andrea Ratfield, Delta’s adverse employment actions also included threatening her with termination and suspension, and manipulating her use of leave so it could demote her from captain to first officer. She started drinking to deal with trauma stemming from an incident in which she was raped while attending an aviation event in September 2017, which she reported to her supervisor, Ratfield says.

Ratfield says the sexual harassment she’s experienced in her Delta tenure includes being groped, her training manager asking her on a date, a supervisor calling her “princess,” and lewd hand gestures and comments. A supervisor also allegedly bragged to others that he had seen Ratfield’s breasts while she was breastfeeding, Judge Katherine Menendez said.

Those allegations sufficiently state a hostile work environment claim under the Minnesota Human Rights Act, the judge said. The alleged acts of harassment may be “of the type brushed off by courts in different eras,” but they “comprise the sort of workplace behavior today that reasonable people” likely wouldn’t tolerate, Menendez said.

At least two of the incidents alleged by Ratfield occurred within the time period for suing, the court said.

Her retaliation claims are plausible in light of the alleged close timing—two weeks—between when she reported unfair and discriminatory treatment and when Delta refused to accept secondary test results she received that contradicted an allegedly false positive test that triggered the retreatment requirement, Menendez said.

Ratfield also alleges the retreatment facility was told that she rubbed people at Delta the wrong way and that supervisors further tried to sabotage her retreatment and effort to regain her license to fly by sharing her false positive test with the facility, the judge said.

The court dismissed Ratfield’s gender discrimination claims, including her allegations that Delta accepted secondary test results from male pilots under similar circumstances, but not from her.

Those claims require Ratfield to prove she was qualified to be a pilot and thus implicate terms of her union CBA, Menendez said. They therefore are preempted by the Railway Labor Act. RLA preemption didn’t apply to Ratfield’s retaliation claims because they don’t require proof that Ratfield was qualified for her job, the judge said.

Valli Kane & Vagnini LLP, Nichols Kaster PLLP, and Ellwanger Law LLLP represent Ratfield. Dorsey & Whitney LLP represents Delta.

Read the full article from Bloomberg Law here.

A Win for Delta Captain Andrea Ratfield!

By Sara Hammel

For all those following what’s by far the most-read story in The Landing’s short history, we have a victory to report.

Captain Ratfield will have her day in court. Delta Air Lines’ motion to dismiss was denied on two of three claims. As United States District Judge Katherine Menendez writes in part in her August 11, 2023 decision,

Delta’s motion is denied to the extent it seeks dismissal for failure to state a claim. Ms. Ratfield has plausibly pleaded a claim for retaliation under Title VII and the MHRA and sexual harassment under the MHRA.

Retired Delta Captain Karlene Petitt, who knows more about the airline’s legal strategies than almost anyone, covered that side of things on her blog yesterday:

Delta Air Lines utilizes the Railway Labor Act (RLA) to get away with illegal actions. The airline, under the management of CEO and Board of Directors, Ed Bastian, has a history of retaliation and sexual harassment. They also have a history of filing motions to remove these cases from the courtroom and pull them into the grievance process, of which they own both the arbitrator and the process. 

Congratulations to Capt. Ratfield. The cost of taking a stand is high, and can drain both your finances and your energy. But she’s standing firm, and I look forward to continuing to follow her court case.

Read more at The Landing here.

The Curious Case of Pilot Andrea Ratfield

By Sarah Hammel/The Landing

It’s the summer of 2020, and Delta Air Lines CEO Ed Bastian is drafting an epic memo outlining the company’s commitment to diversity and inclusion.

Bastian promises clarity and transparency throughout the $27.5-billion company’s journey to a less white, less male leadership. He writes that he is “committed to correcting our course as we become a more just, equal and anti-racist company.”

Meanwhile, up north in Delta’s “second home” of Minneapolis, Captain Andrea Ratfield is doing some writing of her own.

It’s June 26, a Friday. At her wits’ end, Ratfield composes an email to high-ranking Delta executives, including Bastian.

A skilled pilot with an exemplary flying record, Ratfield launched her career at Delta as a flight attendant in 1999 before joining the airline’s three percent of women pilots in 2007.

In the summer of 2020, Ratfield is balancing a full life as a commercial airline pilot, activist, mother of two young boys with special needs, and trauma survivor. Making life even more challenging: In the midst of it all, she’s been routinely sexually harassed and assaulted at work. Despite reporting the incidents to her bosses, the male pilot perpetrators are never disciplined.

In her email, Ratfield reminds the executives what she’s been through—likely touching on a few examples in a laundry list that includes a male instructor pilot coming to her hotel room at 2 a.m. for “a drink” and another grabbing her breasts—and outlines again the retaliation she’s endured since reporting the abhorrent behavior.

She closes out the letter with a request that she not be forced to work any longer with the male pilots she says are retaliating against her. She names Captain Scott Monjeau, First Officer Warren Mowry and Captain Ray Baltera.

She hits send.

On July 14, Bastian goes on CNN to tout his airline’s diversity and equity plan.

Delta’s top man talks a good game. The 6’ 3” bespectacled CEO with slicked-back salt-and-pepper hair is duly somber as CNN’s presenter pushes him on the airline’s poor record of minorities in leadership positions.

Bastian admits he’s heard Black employees speak of being left out of the “broader” discussion, and says that “…minorities of all varieties, women, are all really important…[we need to] ensure that we’re doing our very best to promote opportunity and equality.”

He adds, “They’re family. They’re my family…I have a responsibility to do a better job.”

On August 11, 2020, Ed Bastian’s diversity memo blasts out to staff and media worldwide. The subject: Taking Action.

Read the full article from The Landing here.

Full 5th Circ. To Examine Employer-Friendly Title VII Rule

The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.

Steiner Studios — where films such as Steven Spielberg’s”West Side Story” and Lin-Manuel Miranda’s “Tick Tick Boom!” were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.

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Brooklyn Movie Studio Shut Out $50M Profits From Partners

The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.

Steiner Studios — where films such as Steven Spielberg’s”West Side Story” and Lin-Manuel Miranda’s “Tick Tick Boom!” were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.

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