Peanut The Squirrel’s Owners File Intent To Sue State Of New York Following Raid

Peanut the Squirrel and his pal Fred the raccoon’s owners have filed their intent to sue to the State of New York after they said their beloved pets “were executed, not euthanized” when they were seized in a raid by officials to be “tested for rabies.”

In the official notice against the state, the guardians of the two animals, Mark Longo and his partner Daniela Bittner, accused the state of unlawful search and seizure, violation of freedom of speech, and other violations, TMZ reported. They are also suing for emotional distress, as well as lost wages.

The animals were seized from Longo’s home in upstate New York on October 30 by officials with the Department of Environmental Conservation (DEC) and then euthanized.

At the time of the raid, the Associated Press reported that the DEC took both animals from the Longos’ home. The agency reportedly said it received complaints that wildlife was potentially at risk and being kept illegally. The Longos told TMZ that they have had Peanut for seven years, after rescuing the squirrel when its mother was killed.

The DEC also said in a statement that Peanut bit an investigator on the hand while the squirrel was being confiscated, sparking the need to test for rabies, and “both animals were euthanized…” according to WETM.

JUST IN: Peanut the Squirrel’s owners to sue the state of New York for executing Peanut and their pet raccoon, Fred.

Mark Longo says justice is coming and he is ready to take on the state of New York.

Longo and his partner Daniela Bittner filed a notice, stating their… pic.twitter.com/zaDzrzdjw9

— Collin Rugg (@CollinRugg) November 27, 2024

In the notice to the state from their attorney, Nora Constance Marino, the couple claim, “It is submitted that the notion that a DEC agent and/or other respondents’ agent was ‘bitten’ by Peanut may be false and/or manufactured,” the New York Post reported.

“It is further submitted that even if an agent was in fact bitten, killing Peanut would still be unnecessary, unjustified, improper, and illegal, it is further submitted that there is no claim that Fred the raccoon bit anyone, and thus, the killing of Fred was unnecessary, unjustified, improper, and illegal,” the notice added, claiming that the animals were not wild, but legal companions, and thus there was no reason they had to be killed.

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As previously reported, a timeline for euthanasia of the animals doesn’t match up and the Post reported that both animals were advised to be euthanized by state officials a week before the raid.

“DEC is aware of an individual in Chemung County who is known to illegally possess an adult gray squirrel and at least 4 young raccoons. They may also be in possession of other illegal wildlife species,” the DEC said in a message to the county on October 22. “We would like to know if the Health Department would recommend these animals be tested for rabies as a precaution for human safety.”

The State Department of Health letter to the county on October 23 then read,  “Wildlife cannot be confined like domestic animals, and if there was an exposure, the animals would need to be tested for rabies,” WBNG reported.

Days later, officials took steps for their raid — but the Post noted that the DEC was already coordinating the animals’ euthanasia with Elmira Animal Control.

Related: Peanut The Squirrel’s Story Gets Shoutout From Supreme Court Justice Neil Gorsuch