Post Falls blogger appeals defamation decision

COEUR d’ALENE — A Post Falls blogger who was found liable for defamation has not yet paid anything toward the $1.1 million judgement awarded to the drag performer she falsely accused of exposing himself during Pride in the Park 2022, according to court records, while post-judgment interest piles up.

In May, a Kootenai County jury unanimously found that Summer Bushnell defamed Post Falls resident Eric Posey when she posted an edited video of his performance with a blur that she claimed covered his “fully exposed genitals.” The unedited video showed that no exposure occurred and city prosecutors declined to file charges.

Jurors awarded Posey $926,000 in compensatory damages for defamation and $250,000 in additional punitive damages. 

Court records show that interest has accrued at a rate of 10.2% per day since the judgement was entered May 31, about $330 daily, amounting to $14,861 as of Monday.

Legal counsel for Posey has requested a writ of execution, which directs a county sheriff to seize a debtor’s money, property or real estate to pay a debt.

In Idaho, creditors can garnish wages, within certain limits, to satisfy a debt. An individual is entitled to exemption of certain types of property, such as household furnishings and business equipment, up to certain value thresholds. 

Idaho’s homestead exemption can prevent the forced sale of a house or mobile home. If the home is sold, the proceeds are exempt for up to one year if the individual is going to use the proceeds to buy another home. 

Bushnell filed a notice of appeal Friday, 42 days after the final judgment was entered and the last day it was possible to appeal the decision under Idaho’s rules. She did so pro se, representing herself. 

The notice listed several preliminary issues on appeal, including whether the district court erred in deeming Bushnell a media defendant, when a previous judge assigned to the case did not do so, and whether the court erred in determining that Posey is not a “limited purpose public figure.” 

Last week, Bushnell contacted the court via email and indicated that her attorney, Colton Boyles, planned to withdraw as her legal counsel but had not yet filed a motion seeking to do so. Under the Idaho Rules of Civil Procedure, an attorney must obtain the court’s permission in order to withdraw from a case, except when withdrawing by substitution.

“Boyles and I have had a hard time connecting to discuss things,” Bushnell wrote. 

Bushnell’s email is considered an “improper communication” and the court is “prohibited from and has not considered the contents of any such communication,” according to court records. 

Court records show that Bushnell, who is not an attorney, subsequently filed a notice of substitution of counsel, substituting herself as attorney of record in the matter. 

As of Tuesday afternoon, Bushnell had received more than $14,000 in donations for her legal defense from a crowdfunding website. 

In an earlier version of the crowdfunding campaign description, which was launched before the trial began, Bushnell repeated her defamatory claims about Posey and asked for help paying her legal bills. 

“Please prayerfully consider supporting me in my legal fight,” Bushnell wrote. “Please help protect honest journalism and public participation.”

Meanwhile, legal counsel for Posey has requested that Bushnell be ordered to pay $33,763 in attorney fees and costs. A hearing in the matter, as well as the application for writ of execution, is set for Aug. 8.