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Alec Baldwin seeks dismissal of civil lawsuit alleging deadly 'Rust' taking pictures

©Reuters. FILE PHOTO: Alec Baldwin at the 69th Primetime Emmy Awards – Arrivals – Los Angeles, California, U.S., 09/17/2017 – REUTERS/Mike Blake/File Photo

By Lisa Richwine

LOS ANGELES (Reuters) – Lawyers for Alec Baldwin and other producers of the film 'Rust' are asking a court to dismiss a civil suit filed by a screenwriter who was on set when the actor fatally shot a cameraman.

In a filing Monday in Los Angeles Superior Court, attorneys said Mamie Mitchell's lawsuit should be dismissed because there was no evidence that Baldwin or any of the producers intended harm. Baldwin was the lead actor and producer of the independent film Western.

"Despite the plaintiff's attempt to characterize claims as intentional, nothing in the plaintiff's allegations indicates that any of the defendants intentionally engaged in harmful conduct," the filing reads.

Mitchell, in a lawsuit filed in November, alleged that Baldwin should have checked the Colt .45 revolver he was holding to make sure it contained no live ammunition. Baldwin said the assistant director told him the gun was "cold" or safe to use and that he did not pull the trigger for causing harm and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

Cinematographer Halyna Hutchins was killed and director Joel Souza was wounded when the gun was fired while Baldwin was rehearsing on the film set in New Mexico.

Mitchell, who said she was in the line of fire, alleges assault, intentional infliction of emotional distress and intentional infliction of harm, and is seeking unspecified damages in the lawsuit filed in Los Angeles Superior Court.

Gloria Allred, Mitchell's attorney, said Tuesday the lawsuit should be allowed.

The producers "try to avoid explaining their behavior in front of a judge and jury in court," she said in a statement.

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