‘Executed, not euthanized’: Peanut the squirrel’s owners sue New York, county over seizure, death
The killing of Peanut the squirrel is now a legal case.
Owners Mark Longo and Daniela Bittner sued New York state, Chemung County, and several of their agencies for having seized and “executed” the Internet-famous squirrel and fellow pet Fred the raccoon.
“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,” the couple wrote in their claim filed Wednesday.
Peanut and Fred were taken from the couple’s home Oct. 30 over reports of illegal housing of wild animals and then killed to be tested for rabies after, according to state officials, Peanut bit a health official during the seizure.
In their notice to sue, according to a report in the New York Post, the couple called that explanation an “excuse” with no evidence provided and said it might be a “fabrication.”
They noted that the animals’ internet fame should have shown officials that they were not rabid and they noted that squirrels rarely get rabies or pass it to humans. Neither animal was rabid, the tests confirmed.
“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 claim said.
The couple seek damages but the lawsuit didn’t specify an amount, claiming that the “full extent of claimants’ injuries and damages is unknown at this time and continues to accrue.”
According to a New York Post report, documents indicated that officials were planning to euthanize Peanut and Fred at least seven days before the raid.
Besides the state and the county, the couple is suing the state Department of Environmental Conservation (DEC), the state Department of Health, the Chemung County Sheriff’s Office, the county Department of Health, the Elmira Police Department, and Elmira Animal Control.
The couple also claim in their suit that they were denied due process, only learning of the animals’ deaths through media reports and never having a chance to appeal either the seizure or the euthanizing.
“Said killing is final and could not be reversed or cured, thus further denying claimants’ right to due process,” the claim said.
The DEC, whose agents actually seized the animals, declined to comment to the Post.
A spokesperson for the DEC said in a statement earlier this month that the agency started an investigation after receiving “multiple reports from the public about the potentially unsafe housing of wildlife that could carry rabies and the illegal keeping of wildlife as pets.”
In response, at least six officers from the DEC came to Mr. Longo’s home near the Pennsylvania border in rural Pine City.
The officers left with Peanut - also spelled P’Nut or PNUT - who had amassed hundreds of thousands of followers on Instagram, TikTok and other platforms during his seven years with Mr. Longo.
