COEUR d’ALENE, Idaho – After a week-long civil trial, Summer Bushnell of The Bushnell Report, was found liable for defamation. The 12-person jury awarded the plaintiff, Eric Posey, a total of $1,176,000 in damages. Both plaintiff and respondent are Post Falls residents.
The defamation case stemmed from posts and comments made by Bushnell on social media concerning Posey’s drag show performance at a public park in Coeur d’Alene during a North Idaho Pride Alliance event in June 2022. Bushnell posted an edited video clip of Posey’s drag performance in which she claimed Posey had exposed his genitals to minors who were in attendance at the park.
After public outcry, the allegations were reviewed by the city’s prosecutor’s office. A press release from the Chief Criminal Deputy Attorney, Wes Somerton, dated June 30, 2022, stated, “This office reviewed both the unedited video recording of the incident, and the edited video recording that has been widely circulated on various social media platforms. The unedited video recordings do not depict any exposure of genitalia. The allegations of indecent exposure, or other crimes, cannot be supported by the evidence. Therefore, prosecution is declined.”
The jury agreed with Somerton’s review of the video, and found that Bushnell either knew her allegations were false when she made them or had reckless disregard for the truth, awarding $926,000 for defamation and another $250,000 in punitive damages.
Bushnell was represented by Colton Boyles of Boyles Law, PLLC. Posey was represented by Wendy J. Olson, a former Obama appointed United States District Attorney who served the District of Idaho from 2010-2017.
