Kevin Costner tried to get a lawsuit towards him over an alleged unscripted rape scene tossed out of court docket … it wasn’t thrown out fully, however a couple of chunk is now gone.

In keeping with new authorized docs, obtained by TMZ, the choose within the case denied his movement to throw out all 10 of Devyn LaBella‘s claims … and as a substitute tossed two.

A kind of concerned sexual harassment and the opposite concerned an alleged violation of the Bane Act, which is meant to fight hate crimes.

Costner’s legal professional, Marty Singer, tells TMZ … “We had been happy to study that the Court docket granted our anti-SLAPP movement partially, dismissing two of the plaintiff’s claims (together with one in every of her claims for sexual harassment).”

He continues … “Whereas we had been disillusioned with the Court docket’s determination to permit her remaining causes of motion to proceed, the proof is evident that they don’t have any authorized or factual advantage, and we plan to enchantment the Court docket’s determination promptly. Regardless of the plaintiff’s outlandish allegations, there was by no means any ‘simulated rape,’ ‘simulated intercourse’ or sexual harassment – and completely no retaliation. Somewhat, she is in search of hundreds of thousands of {dollars} for agreeing to take part within the rehearsal of a single, benign shot that even she admits was defined to her prematurely. We’ll proceed to combat for the reality and we’re extraordinarily assured we’ll prevail.”

As we have advised you … LaBella sued again in Could, claiming she was compelled to take part in an unscripted and unscheduled rape scene on the set of the Western movie collection, “Horizon.”

Kevin’s insisted there was NO violent rape scene on his set … and he is referred to as the lawsuit a shake down.