The owners of the social media sensation Peanut the squirrel and a pet raccoon named Fred, who were “executed” after they were seized by New York’s Department of Environmental Conservation, are suing the state, claiming their rights were violated.

Mark Longo, the squirrel’s owner, provided WETM at Syracuse with a copy of his notice of claim, which must be filed before a lawsuit, seeking damages from the DEC and other local agencies.

The claim states Mr. Longo and his wife, Daniela Bittner, as well as their animal sanctuary, P’Nut’s Freedom Farm, are suing to recover damages from the “illegal and improper killing” of Peanut and Fred. Mr. Longo and Ms. Bittner say they suffered a violation of their due process rights and their freedom of speech and movement.

“The nature of the claim herein are state and federal claims involving abuse of process, abuse of power, conspiracy, invasion of privacy, trespass, illegal and/or improper detainment, false arrest, false imprisonment, malicious prosecution, conversion, replevin, theft of property, theft of animals, the unlawful taking of claimants’ property, the unlawful destruction of claimants’ property, the unlawful taking of claimants’ beloved animals, the unlawful killing of claimants’ beloved animals,” the filing states. 

In October, the DEC searched Mr. Longo’s home in Chemung County after allegedly receiving anonymous complaints that Peanut and Fred were being kept illegally and that they were potentially unsafe. Agents conducting the search took Peanut and Fred and euthanized them to be tested for rabies after the squirrel allegedly bit one of the DEC agents. Tests later showed that the animals did not have rabies.

It is illegal in New York for people to keep wildlife as pets. However, Mr. Longo says he was in the process of getting Peanut certified as an educational animal, and he was planning on releasing Fred after he was rehabilitated. The couple notes in their filing that they were working on finalizing their Wildlife Rehabilitor’s license at the time of the raid.

Peanut was rescued seven years ago and became a social media star with an Instagram account that garnered more than 600,000 followers as he appeared in videos performing tricks, eating treats, and wearing hats. Mr. Longo’s animal sanctuary is named after the squirrel.

Mr. Longo and Ms. Bittner say the warrant for the search did not give the DEC the authority to euthanize Peanut and Fred and that the agents should have kept them “in a safe manner, alive” until they obtained a court order to euthanize them. They also dispute the characterization of the animals’ death as euthanasia and instead say the pets were “executed.” 

The filing suggests the claim that Peanut bit a DEC agent “may be” false or “manufactured” to justify seizing and euthanizing the animals. 

Mr. Longo notes in the claim that Peanut’s social media presence brought awareness of the animal sanctuary and helped to draw in donations.

“Peanut’s personality and abilities were unique. He is irreplaceable. Fred’s personality and abilities were still being developed, but it was appearing that he, too, would be unique and irreplaceable, although Longo and Bittner intended to release Fred to the wild,” the filing says.

Besides questioning the authority of the agents to seize Peanut and Fred, the filing alleges that agents “unlawfully restrained” the couple during the search and prevented them from feeding other animals on the property. The agents allegedly made “intimidating remarks” during the search and questioned Ms. Bittner about her “immigration status.”

The claim does not specify how much in damages Mr. Longo and Ms. Bittner are seeking because it is “unknown at this time and continues to accrue.” However, they predict they will “suffer substantial economic damages and a loss of income in the form of lost donations for the sanctuary and lost revenues based on the loss of Peanut.”

The DEC declined to comment on the lawsuit. 

Social media erupted after news of the death of Peanut and Fred was made public, and the incident became a symbol of government overreach in the final days of the 2024 election.

Supporters of President Trump shared AI-generated images of the president-elect embracing Peanut and the critter wearing MAGA hats. 

The DEC is reportedly conducting an “internal investigation” into the search. It has also implemented a new policy that requires officers to receive a sign-off from its commissioner and general counsel before conducting a search.