Couple Sues New York State Over Euthanization of Beloved Squirrel and Raccoon
Background
Mark Longo, one of the owners of Peanut the squirrel and Fred the raccoon, provided a copy of the notice of claim, a legal document that must be served before a lawsuit against the government can begin, which was filed on November 20. Longo, his wife Daniela Bittner, their animal sanctuary P’Nut’s Freedom Farm, and their entertainment company D & M Longo Entertainment, LLC are filing a lawsuit against New York State, the New York State Department of Environmental Conservation (DEC), the New York State Department of Health, Chemung County, the Chemung County Sheriff’s Office, the Chemung County Department of Health, the Elmira Police Department, and Elmira Animal Control.
The Animals’ Story
Longo rescued an orphaned squirrel about seven years ago and kept the squirrel, which he named Peanut, as a pet after a veterinarian deemed him unreleasable. Videos of Longo and Peanut became popular online, and the duo amassed more than 1 million followers on social media across multiple platforms. Longo and Bittner moved to Pine City in 2023 to open P’Nut’s Freedom Farm and help other animals. In the spring of 2024, they took in a young raccoon named Fred.
Seizure and Euthanization
DEC Officers seized Peanut and Fred from the Pine City property on a search warrant on October 30. The animals were euthanized due to concerns about rabies after Peanut allegedly bit a civilian DEC employee during the seizure. While squirrels typically don’t carry rabies, officials say they were concerned about the possibility of Peanut having contracted rabies from Fred. The State Environmental Conservation Officers’ Union stated that raccoons are known to be a vector species for rabies, and there was a chance for animal-to-animal transmission due to Peanut and Fred cohabitating.
Notice of Claim
The notice of claim says that Longo, Bittner, their sanctuary, and their entertainment company are seeking damages for the euthanasia of Peanut and Fred and the search process. The document claims that the seizure and subsequent euthanasia were illegal and improper, denied the couple’s rights, and were an abuse of power. It also claims that since the warrant did not mention killing the animals after the seizure, officials did not have authorization to euthanize the animals. The document states that officials should have gotten a court order and kept the animals alive while waiting for it in order to follow due process. Additionally, it claims that the possibility of Fred and Peanut carrying rabies was an excuse and does not justify them being euthanized.
Damages and Rehabilitation
According to the document, many people donated to Longo and Bittner’s sanctuary because they were fans of Peanut due to his social media presence. Additionally, the couple used Peanut to earn money on their online platforms, like OnlyFans and Cameo, and through third parties using Peanut’s likeness and antics for advertising, endorsements, sponsorships, marketing, and more through their LLC. Longo and Bittner say Peanut’s personality and abilities were unique and irreplaceable. They also say they were still rehabilitating Fred and intended to release him into the wild.
Conclusion
The notice of claim does not specify how much in damages Longo, Bittner, the sanctuary, and the LLC are requesting because it isn’t required to be included in the document.
Frequently Asked Questions
Q: Why did the DEC seize Peanut and Fred?
A: The DEC seized the animals due to concerns about rabies after Peanut allegedly bit a civilian DEC employee during the seizure.
Q: Why did the DEC euthanize Peanut and Fred?
A: The DEC euthanized the animals due to concerns about rabies transmission between the two animals.
Q: What is the purpose of the lawsuit?
A: The lawsuit seeks damages for the euthanasia of Peanut and Fred and the search process, claiming that the seizure and subsequent euthanasia were illegal and improper.
Q: How much in damages are being sought?
A: The notice of claim does not specify how much in damages are being sought.
