Judge keeps Alec Baldwin as defendant in negligence suit over 'Rust' shooting

A Los Angeles judge on Tuesday denied actor Alec Baldwin's bid to be removed from a civil suit from script supervisor Mamie Mitchell for negligence over the fatal "Rust" shooting.

Oct. 21, 2021, Baldwin fatally shot cinematographer Halyna Hutchins while filming for "Rust." Baldwin has since settled with Hutchins' family and work has resumed on the film. That, however, was not the end to Baldwin's legal woes over the incident as Mitchell was in proximity to Hutchins at the time and is suing for negligence, among other things.

"Accordingly, the Court finds plaintiff's allegations in the SAC [second amended complaint] demonstrates alleged despicable conduct carried out by the demurring defendants with a willful and conscientious disregard of the rights or safety of other sufficient to withstand a motion to strike," Judge Michael E. Whitaker wrote, per Deadline. The judge did not fully endorse Mitchell's claims and dismissed parts of her suit, in particular certain claims against the producers.

"While Mitchell alleges that the producers assisted Baldwin by supplying the loaded weapon, Mitchell's allegations fail to establish that the producers knew Baldwin would aim and fire the loaded weapon … such that they would be jointly liable for his intentional conduct," Whitaker wrote. "Mitchell's allegations would show the opposite to be true: The only person who knew Baldwin was going to fire the weapon was Baldwin."

The ruling eliminated claims of intentional infliction of emotional distress and assault and battery against the producers, the outlet noted. Baldwin has not faced any criminal charges as of yet, though Santa Fe District Attorney Mary Carmack-Altwies has secured funding to pursue charges in connection with the shooting should she opt to do so.