The owners of Peanut Squirrel, who caused an internet storm after his “unlawful and inappropriate killing”, as well as his raccoon Paul Fred by New York authorities, have accused authorities of government overreach and are planning to sue the state alleging abuse.
Mark Longo and Daniela Buttner filed a notice of claim against the state after the two animals were taken from the couple’s upstairs home and an animal shelter in the countryside. Pine Citynear the Pennsylvania border, during an Oct. 30 Department of Environmental Conservation (DEC) raid.
The suit accuses the authorities of violating the couple’s rights by taking the animals, invasion of privacy and trespassing, among other claims.
Peanut, or P’Nut, and Fred were killed for the rabies test, which was “baseless” and “unfair,” according to the filing. He said officials knew the animals did not have rabies.
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An agent was bitten during the raid, prompting the need for the tests, the state said. The New York Post Reported
In their notice, the couple called it an “excuse” and alleged “fabrication of evidence,” court documents said. Even if there was a rabies threat, “which is nearly impossible and controversial,” DEC agents should have known how to handle wild or other animals without biting them, the documents state.
“It appears that there have been multiple violations of constitutional law — or at least, there are many questions as to why the government chose the actions that they chose,” the couple’s lawyer, Nora Constance Marino, told Fox. told News Digital. A statement “Intruding and searching someone’s home is a gross violation of that person’s right to privacy, and that’s why we have a Fourth Amendment, to protect us from unreasonable searches and seizures.”
“Similarly, there are many questions as to why Peanut and Fred were killed. There was no reason to believe either animal had rabies, and killing animals is outside the scope of the warrant,” he said. He added. “My clients have suffered and continue to suffer greatly, as evident by the government’s conduct. The government wields great power, and if left unchecked, it can have devastating consequences for citizens. Maybe. That’s what makes our United States Constitution so valuable, and it needs to be respected.”
Peanut was rescued by his adoptive human parents at 5 weeks old when his mother was hit by a car. (@peanut_the_squirrel12/Instagram)
DEC said it does not comment on pending litigation.
The filing further alleges that “the idea that the DEC agent and/or other Respondents’ agents were ‘bitten’ by Peanut was false and/or fabricated.”
“It is further submitted that even if an agent had in fact been bitten, the killing of Peanut would be unnecessary, unjustified, improper and illegal. It is further submitted that there is no claim that Fred bit someone, and thus the killing Fred’s statement was unnecessary, unjustified, inappropriate and illegal,” the filing states.
Peanut was an internet sensation before his death. one Instagram page He has more than 915,000 followers dedicated to him.
Longo and his wife founded an animal shelter, called “P’Nut’s. Freedom Farm“Last year, inspired by the squirrel. Longo told his followers that he took the mouse in after seeing the squirrel’s mother hit by a car. The squirrel refused to return to the wild and the couple Connected to
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Peanut, or P’Nut, the squirrel, who had more than 500,000 followers on Instagram, was euthanized by New York State officials last week. (@peanut_the_squirrel12/Instagram)
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In a previous interview with TMZ, Longo said Peanut’s death tore his family apart.
“Peanut was the cornerstone of our non-profit animal rescue,” she said. “And 10 to 12 DEC officers raided my house like I was a drug dealer. I sat outside my house for five hours. I had to have the police in my bathroom.”
Fox News Digital’s Michael Dorgan contributed to this report.