Casey Affleck Now Accused of "Routine Instances of Sexual Harassment"

Actor sued by a second female crewmember on Joaquin Phoenix documentary

By Natalie Finn Jul 30, 2010 11:18 PMTags
Casey AffleckBryan Bedder/Getty Images for Tribeca Film Festival

Casey Affleck may not agree with the way his cinematographer is framing the scene.

A week after a producer accused him of sexual harassment, the actor and his production company have again been sued by a woman who worked on his Joaquin Phoenix documentary, this time for upward of $2.25 million.

This time it's the director of photography who's accusing him—or, the woman who would have been credited as the DP, she says, if she hadn't quit out of frustration.

Magdalena Gorka, who was mentioned in the lawsuit filed by Amanda White last week, alleges that Affleck and other members of the crew instantly made her feel "uncomfortable" on the set by making lewd comments, talking about having sex with Gorka and suggesting she sleep with the camera assistant.

In mid-December 2008, her suit states, the crew stayed overnight at Phoenix and Affleck's New York apartment while in town shooting scenes for I'm Still Here: The Lost Year of Joaquin Phoenix.

Because she was the only woman there at the time, Gorka says, Affleck told her she could sleep in his bedroom and he'd take the couch. She says that she woke up up in the middle of the night to find Affleck, wearing underwear and a t-shirt, curled up next to her.

His breath "reeked of alcohol," she claims.

According to the lawsuit, when she told him to get out of bed, Affleck asked, "Why?" and she replied, "Because you are married and because you are my boss."

Gorka quit after this incident, she says, but agreed to return to the film after White joined the crew and she figured having another woman around would help.

But she says that she was ultimately forced to resign again in April 2009 following the crew's trip to Costa Rica (also mentioned in White's lawsuit) after the innuendo and inappropriate conduct resumed upon her return.

Afterward, her complaint alleges, Affleck refused to pay her or give her credit for her work as director of photography.

Gorka has sued the actor and Flemmy Productions for intentional infliction of emotional distress, constructive discharge in violation of public policy, breach of oral contract, negligent infliction of emotional distress, unjust enrichment and negligence.

She wants compensatory and punitive damages for the "humiliation, embarassment and emotional distress" she suffered and "continues to suffer" since working with Affleck.

An attorney for Affleck and his company previously rejected White's lawsuit as "preposterous and without merit," and legal eagle Martin Singer filed a motion this week to compel arbitration.

—Additional reporting by Claudia Rosenbaum

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