Peanut’s owner is suing the state of New York over the “illegal” murder of a social media star

The owners of social media sensation Peanut the squirrel and a raccoon named Fred, who were “executed” after being seized by the New York Department of Environmental Protection, are suing the state, alleging their rights were violated.

Mark Longo, the squirrel’s owner, assured WETM in Syracuse with a copy of the complaint, which must be filed before filing a lawsuit to seek damages from DEC and other local agencies.

The lawsuit states that Mr. Longo and his wife, Daniela Bittner, as well as their animal shelter, P’Nut’s Freedom Farm, are suing for damages for the “illegal and wrongful killings” of Peanut and Fred. Mr. Longo and Ms. Bittner claim that their rights to due process and freedom of speech and movement have been violated.

“The nature of this claim includes state and federal claims for abuse of process, abuse of power, conspiracy, invasion of privacy, trespass, illegal and/or improper confinement, false arrest, false imprisonment, malicious prosecution, conversion, restitution, theft of animal theft, wrongful taking of property plaintiffs, unlawful destruction of plaintiffs’ property, unlawful taking of plaintiffs’ beloved animals, unlawful killing of plaintiffs’ beloved animals,” the filing reads.

In October, DEC searched Longo returned to Mr. Longo’s home in Chemung County after allegedly receiving anonymous complaints that Peanut and Fred were being held illegally and posed a potential threat. Agents conducting the search took Peanut and Fred away and euthanized them for rabies testing after a squirrel allegedly bit one of the DEC agents. Later tests showed that the animals did not suffer from rabies.

In New York, it is illegal to keep wild animals as pets. However, Mr. Longo claims that he was in the process of getting Peanut certified as an educational animal and planned to release Fred after his rehabilitation. In their filing, the couple notes that they were working on obtaining a wildlife rehabilitation license at the time of the raid.

Peanut was rescued seven years ago and became a social media star thanks to an Instagram account that amassed more than 600,000 followers as he appeared in videos in which he performed tricks, ate treats and wore hats. Mr. Longo’s animal sanctuary is named after a squirrel.

Mr. Longo and Ms. Bittner argue that the search warrant did not give the DEC the authority to euthanize Peanut and Fred and that agents should have held them “in a safe, alive manner” until they could obtain a court order ordering their euthanasia. They also dispute the characterization of animal deaths as euthanasia and instead claim that the animals were “executed.”

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

Longo notes in his claim that Peanut’s social media presence increased awareness of the animal shelter and helped generate donations.

“Peanut’s personality and abilities were unique. He is irreplaceable. “Fred’s personality and abilities were still developing, but it seemed that he too would be unique and irreplaceable, even though Longo and Bittner intended to release Fred,” the filing reads.

In addition to challenging agents’ authority to detain Peanut and Fred, the motion alleges that agents “unlawfully restrained” the couple during the search and prevented them from feeding other animals on the property. Agents allegedly made “intimidating remarks” during the search and questioned Ms. Bittner about her “immigration status.”

The lawsuit does not specify how much damages Mr. Longo and Ms. Bittner are seeking because “it is not currently known and the amount continues to increase.” However, they anticipate that they will “suffer significant economic harm and loss of income in the form of lost donations to the sanctuary and lost income due to Peanut’s loss.”

DEC declined to comment on the lawsuit.

Social media erupted after news of Peanut and Fred’s deaths became public, with the incident becoming a symbol of the government’s deployment of resources in the final days of the 2024 election.

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

DEC is apparently conducting an “internal investigation” into the search. This also happens implemented a new policy that requires officers to obtain consent from the commissioner and legal counsel before conducting a search.