Baldwin calls for dismissal of civil suit over ‘Rust’ set fatality

The lawyers of Alec Baldwin and other producers of the “Rust” movie are asking a court to file a civil lawsuit filed by a script supervisor, who was on set when the actor shot dead a cinematographer.

In a lawsuit filed in Los Angeles Superior Court on Monday, lawyers said Mamie Mitchell’s claim should be dismissed because there was no evidence that Baldwin or any of the producers had any intentions in the incident. Baldwin was the lead actor and producer of the independent western film.

“Despite Plaintiff’s attempt to label the claims as intentional, nothing in her allegations suggests that any of the defendants intentionally committed harmful conduct,” the document reads.

Mitchell claimed in a lawsuit filed in November that Baldwin should have checked the Colt 45 revolver he was holding to make sure it didn’t include live ammunition. Baldwin claimed the assistant director told him the gun was “cold,” or safe to use, and that he didn’t pull the trigger.

Director of photography Halyna Hutchins was killed and director Joel Souza was injured when the gun went off while Baldwin was rehearsing on the New Mexico movie set.

Gloria Allred, Mitchell’s attorney, said Tuesday that the lawsuit should proceed. The producers are “trying to avoid explaining their conduct before a judge and jury in court,” she said in a statement.

This month, Alec Baldwin handed over his cell phone to police officers as part of the investigation. Authorities were after messages, call logs, digital photos and videos, as well as any private messages sent on social media platforms in connection with the production of “Rust.”