Horizon 2 stunt performer Devyn LaBella's lawsuit against Kevin Costner can proceed with a few stipulations. On Thursday, October 16, a Los Angeles judge denied Costner, 70, and his legal team's request to dismiss the entire lawsuit. Previously, Costner's attorney Marty Singer had sought to throw out the suit under California's anti-SLAPP law, which is designed to protect free speech from frivolous litigation. Costner, however, did receive some good news when a judge struck some of LaBella's claims. Stuntwoman Suing Kevin Costner Over Alleged Rape Scene Shares New Claims According to court documents obtained by Us Weekly, the judge threw out one of the 10 causes of action, including an alleged violation of the Bane Act, which is intended to combat hate crimes. The judge found that the plaintiff "has not submitted evidence which could substantiate this claim." The judge also threw out a second claim - one of two sexual harassment claims - finding that the law at issue applies only to harassment outside the workplace. The judge argued LaBella's "allegations and evidence contend that the alleged incident occurred in the course of her employment." As a result, the court found that LaBella "has not sustained a legally tenable claim for the fourth cause of action." The ruling leaves eight claims intact, including sexual harassment, sex discrimination, retaliation and breach of contract. Kevin Costner, Devyn LaBella. Medios y Media/Getty Images; Courtesy of Devyn LaBella/Instagram In response to the ruling, Costner's attorney released a statement to Us reiterating that his client is innocent of all allegations. "We were pleased to learn that the Court granted our anti-SLAPP motion in part, dismissing two of the plaintiff's claims (including one of her claims for sexual harassment)," Singer shared in a statement. "While we were disappointed with the Court's decision to allow her remaining causes of action to proceed, the evidence is clear that they have no legal or factual merit, and we plan to appeal the Court's decision promptly." Singer called LaBella's allegations "outlandish" and insisted "there was never any 'simulated rape,' 'simulated sex' or sexual harassment - and absolutely no retaliation." "Rather, she is seeking millions of dollars for agreeing to participate in the rehearsal of a single, benign shot that even she admits was explained to her in advance," Singer added. "We will continue to fight for the truth, and we are extremely confident we will prevail." Kevin Costner Warner Bros. / Courtesy Everett Collection LaBella's attorney James A. Vagnini also released a statement after the court made a ruling this week. "Today, the court stood with Devyn and recognized the strong merits of her case, an important step towards unveiling the truth about what happened that day and creating accountability for those who abuse their power," Vagnini said in a statement to Us. "We hope the Defendants won't waste any more time on frivolous motions and panicked stall tactics, and instead allow for the discovery phase, when we'll hear directly from the witnesses on set about the events that transpired. We look forward to our continued pursuit of justice for Ms.
LaBella as she bravely continues to stand her ground." LaBella joined the Horizon sequel as the lead stunt double for Ella Hunt, who played Juliette. Kevin Costner Breaks Silence After Woman Files New Alleged Rape Scene Evidence In May 2025, LaBella accused Costner of sexual discrimination, harassment and creating a "hostile work environment" while on set of Horizon An American Saga - Chapter 2. Costner vehemently denied the allegations via a statement made by Singer. "Kevin Costner always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously," the statement read. "However, this claim by Devyn LaBella has absolutely no merit, and it is completely contradicted by her own actions - and the facts."