Court rules on exemptions in drag defamation case
Blogger Summer Bushnell testified in the defamation lawsuit brought by Post Falls resident Eric Posey.
KAYE THORNBRUGH/Press file
COEUR d’ALENE — The Post Falls drag performer who won a defamation lawsuit against a local blogger may soon begin collecting the $1.1 million judgment.
In May, a Kootenai County jury unanimously found that Summer Bushnell defamed Eric Posey when she falsely accused him of exposing himself during Pride in the Park 2022. Jurors awarded Posey $926,000 in compensatory damages for defamation, as well as $250,000 in additional punitive damages.
Since then, the parties have disputed which of Bushnell’s assets are exempt from collection. First District Judge Ross Pittman made a final determination in court Friday.
In Idaho, creditors can garnish wages, within certain limits, to satisfy a debt. An individual is entitled to exemption of certain types of property, up to certain value thresholds.
While Bushnell conceded that one bank account is subject to execution of the judgment, the court determined that a different bank account belonging to Bushnell’s husband is exempt.
The court also found that one vehicle, a 2004 Subaru Forester, is exempt, along with two pieces of jewelry with a combined value of $1,000 and a handgun valued at no more than $1,500.
Tools of the trade, such as professional books and business equipment, up to a combined value of $10,000 are exempt. Personal property, such as furniture, appliances and other items, is exempt up to a combined value of $7,500. No single item may be worth more than $1,000.
“I will direct the defendant to make an election on the property she wishes to exempt and all other will be subject to execution,” Pittman said.
Bushnell has one week to decide which items of personal property will be exempt, the court ruled.
About 15 people gathered in court to watch the proceedings Friday, among them Kootenai County Commissioner Leslie Duncan and Bonner County Commissioner Asia Williams.