By Lisa Richwine

LOS ANGELES, (Reuters) – Alec Baldwin’s attorneys and the other producers of “Rust” are asking a judge to dismiss a civil suit filed by a script supervisor on set at the time that Baldwin fatally shot a cinematographer.

On Monday, attorneys in Los Angeles Superior Court stated that Mamie Mitchell’s claim should be dismissed because of lack of evidence linking Baldwin and the producers to harm. Baldwin, who was also the producer of the Western independent film, was both the main actor and the principal.

“Despite Plaintiff’s attempt to label claims as intentional, nothing about Plaintiff’s allegations suggest that any of Defendants intentionally committed harmful conduct,” the filing said.

In a November lawsuit, Mitchell claimed that Baldwin should have checked his Colt.45 revolver to ensure it didn’t contain live ammunition. Baldwin claimed that the assistant director said the gun was safe and “cold” and that Mitchell did not trigger it. Mitchell claims that Mitchell was injured in the line-of-fire and has filed a lawsuit in Los Angeles Superior Court seeking damages.

Halyna Hutchins, cinematographer, was killed. Joel Souza sustained injuries when the gun went off while Baldwin was practicing on the New Mexico film sets.

Mitchell claims she was injured in an accident and that Mitchell was in danger. Mitchell filed a lawsuit in Los Angeles Superior Court seeking unspecified damages.

Gloria Allred was Mitchell’s lawyer and she stated Tuesday that it should be permitted for the claim to continue.

She stated in a statement that the producers were “trying not to explain their conduct in front of a judge or a jury in court of law.”