Kevin Costner is once again seeking to dismiss a sexual harassment lawsuit filed against him by stunt performer Devyn LaBella, who claims she was forced to participate in an unscripted and unscheduled rape scene on the set of his Western film, "Horizon: An American Saga – Chapter 2."

Earlier this month, a judge tossed two of LaBella's 10 claims, including one related to sexual harassment, but allowed the remaining eight to proceed.

Costner, 70, has now filed an appeal asking the court to dismiss the rest, according to documents obtained by TMZ.

Costner's attorney, Marty Singer, emphasized that the remaining claims are without merit. "In spite of the plaintiff's outlandish allegations, there was never any 'simulated rape,' 'simulated sex,' or sexual harassment – and absolutely no retaliation," Singer said.

He added that LaBella 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 vowed that Costner and his legal team are "extremely confident we will prevail."

LaBella, on the other hand, maintains that she experienced a traumatic, unscripted scene on May 2, 2023.

Her attorneys, Kate McFarlane and James A. Vagnini, described the alleged incident as "a reckless violation – a breach of consent and of basic workplace safety."

McFarlane called Costner's appeal a "continued attempt to deflect accountability for harmful behavior" and said the creative process "cannot be used as a shield for unlawful conduct."

LaBella flags missing intimacy coordinator

The lawsuit includes screenshots of text messages between LaBella and the film's intimacy coordinator, Celeste Cheney.

According to DailyMail, LaBella reportedly asked why there was no coordinator, why she was performing non-stunt work, and why the scene was improvised without prior warning.

Cheney's incident report indicates that apologies were later made to both LaBella and actress Ella Hunt, and that the production accommodated LaBella's requests for support.

Costner's version of events disputes LaBella's claims. According to his declaration, the scene was fully scripted, performed in costume, and involved only minimal movement, such as lifting a dress hem, with no nudity or simulated sexual activity.

Costner submitted statements from other cast and crew members to support his account, along with texts in which LaBella expressed gratitude for her time on set.

This latest filing comes nearly two months after LaBella's team reiterated their allegations, accusing Costner and his legal representatives of attempting to silence her and discredit her evidence.

LaBella emphasized that her lawsuit is not just about her experience, but about "a broken system that protects those in power and punishes those who speak out."

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Sexual Harassment, Kevin costner