The late Peanut the Squirrel and Fred the Raccoon's owners, Mark Longo and Daniela Bittner, are suing the New York State, Chemung County, and others, accusing them of government overreach, abuse, unlawful search and seizure, and violation of freedom of speech, among other things.
Longo and Bittner's move came on Wednesday, November 27, and it follows the seizure of both animals from their home in upstate New York and a sanctuary located in Pine City, just near the Pennsylvania border.
The DEC stormed in on October 30. In a video uploaded to social media, Longo discusses his moves, vowing to bring justice to Peanut's name:
"We will show the world that it is not okay to overstep boundaries. Justice will be served. This week will be a monumental movement for all of us."
Peanut the Squirrel's owners maintain that claims of rabies were an excuse for murder, vow to bring officials to justice
Longo opens up the video by thanking the world for the love and support his family has been receiving, referring to it as "nothing short of incredible." He then went on to say:
"Justice is a big word here. You guys came together to make sure that this story didn't go unheard, it didn't go under the rug. The government's not gonna get away with this. Justice will be served, not only for Fred and Peanut, but animals moving forward, people moving forward."
He then went on to assert that "this week will be a monumental movement for all of us," and that he will keep the world posted with every development. He also claimed that all of the new information that comes to light will "shock all of you," but he hoped that it would bring everyone together in the name of "justice."
Longo and Bittner are also accusing the state of violating their rights to legally house the animals, noting that they were far from the wild animals the government claimed them to be. Peanut the Squirrel and Fred were seized to be tested for rabies when one of the officers on-site claimed he was bitten by the former.
However, Longo has since denied this, pointing out that the officers were in protective gear, and that he didn't witness such a thing himself. In the filing, he also noted that the claims were "unfounded" and "unjustified," as reported by Fox News. Reportedly, the couple rubbished the claims as an “excuse,” and referred to it as a "fabrication.”
As reported by The Washington Times, the couple's filing reads:
"The killing of Peanut and Fred was not due to fear of rabies, but rather, was a senseless act of violence, perpetrated by government officials in an obscene demonstration of government abuse and an overreach of government power."
Furthermore, they contended that the animals' massive fame online should have been evidence enough that they weren't rabid, and also pointed out that seldom do squirrels contract rabies or spread it to humans. Ultimately, neither animal had rabies, the outlet has revealed.
“Peanut and Fred were not ‘euthanized’, which is the act or practice of killing or permitting death in the of hopelessly sick or injured individuals,” the claim read. “Peanut and Fred were healthy, young, thriving, happy animals. They were executed, not euthanized."
The New York Post has reported that the plans to euthanize Peanut the Squirrel and Fred for seven days in the making. Per the filing, the couple were the last to be notified about the deaths of their pets, claiming that they only learned of it online.
They also maintain that they never had a chance to appeal both, the seizure and the subsequent euthanization.
“Said killing is final and could not be reversed or cured, thus further denying claimants’ right to due process,” the claim said.
Nora Constance Marino, the couple's legal representation, told Fox News Digital in a statement:
"It appears as though there were multiple constitutional law violations here -- or at the very least, there are many questions as to why the government chose the actions that they chose. Entering someone's house and searching it is such an extreme 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."
She went on:
"Likewise, there are many questions as to why Peanut and Fred were killed. There was no reason, whatsoever, to believe that either animal had rabies, and killing the animals was outside the scope of the warrant. My clients have suffered greatly and continue to suffer, from what appears to be egregious government conduct. Government wields great power, and if left unchecked, can have disastrous results for citizens. That's what makes our United States Constitution so precious, and it needs to be honored."
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The couple is seeking restitution in the form of damages, although the exact amount has yet to be disclosed, citing that the “full extent of claimants’ injuries and damages is unknown at this time and continues to accrue.”
They are also suing the Department of Environmental Conservation (DEC), the state Department of Health, the county Department of Health, the Elmira Police Department, and Elmira Animal Control. The DEC has yet to issue a comment about the same.
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