by Alec Baldwin’s motion to be withdrawn from a civil suit filed by the screenplay supervisor for the film Rust was rejected by a US judge.
Mamie Mitchell will be allowed to pursue her claims against the actor who is said to have “recklessly” fired a prop that killed director of photography Halyna Hutchins.
His lawsuit claims Baldwin fired the weapon when it wasn’t required in the western’s script.
He names many defendants including Baldwin, David Halls, the assistant director who handed him the gun, and Hannah Gutierrez Reed, who was in charge of the guns on set.
Baldwin previously filed a motion to be removed from the lawsuit.
But on Tuesday, Judge Michael E Whitaker rejected the motion, as well as another to strike at the script supervisor’s request for punitive damages.
“The Court finds that the plaintiff’s allegations in the SAC (second amended complaint) demonstrate allegedly despicable conduct conducted by the Demurring Defendants with a deliberate and conscious contempt for the rights or safety of others sufficient to resist a strike motion,” he said. law in the sentence.
“Consequently, the Court dismisses the strike motion in respect of the Demurring DEFENDANTS.”
Ms. Mitchell’s representative, Gloria Allred, welcomed the judge’s decision not to withdraw Baldwin from the civil suit.
He said: “We are very happy to have won and that the court today allowed us, despite Alec Baldwin’s objection, to proceed in our lawsuit against him on our theories of aggression, intentional infliction of emotional distress and neglect.
“Furthermore, the Court, in addition to Mr. Baldwin’s objection, has allowed us to prosecute him for punitive damages.”
Ms. Hutchins was killed and director Joel Souza was injured in the incident on the film’s set in Santa Fe, New Mexico, just over a year ago, on October 21.
It comes when the Santa Fe District Attorney received the final report from the sheriff’s office on the incident.
A spokesperson for the department said District Attorney Mary Carmack-Altwies would now initiate a review of the information to make a “thoughtful and timely decision” on whether to file a complaint in the case.
In a shared statement with the AP news agency, a spokesperson said the district attorney’s focus remained on “pursuing justice” in the case.
A secret deal was struck last month between Baldwin and the cinematographer’s legacy, although the DA’s office previously said it would have “no impact” on the ongoing criminal investigation.
