Alec Baldwin’s motion to be dropped from a civil lawsuit brought by the script supervisor of the Rust movie has been denied by a US judge.
Mamie Mitchell will be permitted to pursue her claims against the actor who, it is claimed, “recklessly” fired a prop gun that killed cinematographer Halyna Hutchins.
Her suit alleges that Baldwin fired the weapon when it was not called for in the script of the Western.
It names many defendants including Baldwin, David Halls, the assistant director who handed him the gun, and Hannah Gutierrez Reed, who was in charge of weapons on the set.
Baldwin previously filed a motion to be removed from the suit.
But on Tuesday Judge Michael E Whitaker denied the motion as well as another to strike the script supervisor’s claim for punitive damages.
“The Court finds Plaintiff’s allegations in the SAC (second amended complaint) demonstrate alleged despicable conduct carried out by the Demurring Defendants with a wilful and conscious disregard of the rights or safety of others sufficient to withstand a motion to strike,” the ruling read.
“Accordingly, the Court denies the motion to strike as to the Demurring Defendants.”
Ms Mitchell’s representative Gloria Allred welcomed the judge’s decision to not drop Baldwin from the civil lawsuit.
She said: “We are very happy that we won, and that the Court today permitted us, over the objection of Alec Baldwin, to proceed in our lawsuit against him on our theories of assault, intentional infliction of emotional distress and negligence.
“In addition, the Court, over Mr Baldwin’s objection, allowed us to proceed against him for punitive damages.”
Ms Hutchins was killed and director Joel Souza was injured during the incident on the set of the film in Santa Fe, New Mexico, just over one year ago on October 21.
It comes as the Santa Fe district attorney has received the final report from the Sheriff’s Office into the incident.
A spokeswoman for the department said district attorney Mary Carmack-Altwies would now begin a review of the information to make a “thoughtful, timely decision” about whether to bring charges in the case.
In a statement shared with the PA news agency, a spokeswoman said the DA’s focus remained on “pursuing justice” in the case.
Last month an undisclosed settlement between Baldwin and the cinematographer’s estate was made, though the DA’s office said previously it would have “no impact” on the ongoing criminal investigation.