Alec Baldwin has been denied a motion to be removed from a civil lawsuit brought by a crew member who was on the set of Rust when cinematographer Halyna Hutchins was accidentally shot.
Screenwriter Mamie Mitchell is able to pursue her lawsuit against Baudouin that he “recklessly” fired a prop gun that killed Hutchins while filming in Santa Fe, New Mexico, a judge has ruled.
The lawsuit alleges the actor, who is also a producer on the Western film, fired the weapon when it was not in the script.
David Halls, the assistant director who handed the gun to the star, and Hannah Gutierrez Reed, who handled the guns on set, are named among the defendants alongside Baldwin.
Judge Michael Whitaker denied Baldwin’s motion to be removed from the lawsuit, as well as another to strike out the screenplay supervisor’s claim for punitive damages.
Hutchins, 42, was working as a cinematographer on the film when she died on October 21, 2021. Director Joel Souza was also injured in the incident.
“The court finds that the plaintiff’s allegations in the SAC (Second Amended Complaint) demonstrate alleged despicable conduct conducted by the reluctant defendants with a willful and conscious disregard for the rights or safety of others sufficient to resist a motion to strike “, we read in the decision.
“Accordingly, the court denies the motion to strike with respect to the defendants who oppose it.”
Gloria Allred, Ms Mitchell’s lawyer, welcomed the judge’s decision not to remove Baldwin from the civil trial.
“We are very pleased to have won and that the court has allowed us today, over the objection of Alec Baldwin, to continue our legal action against him on our theories of assault, intentional infliction of distress emotional and neglect,” she said.
“Furthermore, the court, over Mr. Baldwin’s objection, allowed us to sue him for punitive damages.”
A year after the Rust shooting, will prosecutors press charges?
‘No one is above the law’: Prosecutors say settlement has no impact on investigation
In October, a separate civil suit between Baldwin and the cinematographer’s estate was settled for an undisclosed amount – and it’s been announced that filming for Rust will resume next year.
A spokesperson for the Santa Fe District Attorney’s Office said the settlement would have “no impact” on the ongoing criminal investigation.
The sheriff’s office has delivered its final report to District Attorney Mary Carmack-Altwies, who will now begin a review of the information to make a “thoughtful and timely decision” on whether to pursue charges in the case.