P’Nut owners sue New York State over ‘execution’ of beloved pets in ‘illegal’ raid

The notice of claim alleges constitutional violations, illegal seizure and killing of their pets, invasion of privacy, and the possibility of fabricating evidence in connection with a bite incident, per the New York Post.

The incident occurred on Oct. 30 when the New York Department of Environmental Conservation launched a significant raid on Longo's animal sanctuary in Pine City and seized P'Nut and Fred. Authorities then euthanized both animals to conduct rabies testing, officials said. However, a report released by the environmental agency a few days later revealed that the squirrel and raccoon had tested negative for the disease.

In the lawsuit, Longo and Bittner, the owners, contended that the euthanization was illegal and unnecessary and that there was no legitimate rabies risk. Officials had claimed that the squirrel was put down after allegedly biting an agent during the raid, sparking the need for rabies testing. Longo and Bittner said that this was an "excuse" and that it may have been a "fabrication" after no evidence was provided. The Post previously reported that documents had indicated that agents were planning on the pets' euthanization seven days prior.

"It is further submitted that even if a risk did in fact exist, which is near impossible and disputed, that allegedly trained DEC agents and/or other respondents’ agents should have known how to physically handle wild or other animals without getting bitten," the lawsuit stated.

"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 owners wrote in their claim filed Wednesday with their attorney, Nora Constance Marino.

Longo and Bittner claimed that they were never afforded the opportunity to present their or the animals' case in a court of law and that agents violated their warrant by removing the animals without disclosing their intentions to kill them. "Said killing is final and could not be reversed or cured, thus further denying claimants' right to due process," the lawsuit states.

The couple also claimed that armed agents intimidated and bullied them during the raid. The agents allegedly threatened to investigate Bittner's immigration status with remarks such as "things will get worse." She was born in Germany. The owners also claimed agents roughed up their pets during the "illegal" seizure, as per the court filing.

"The respondents seized the two small defenseless animals, Peanut and Fred, and treated the defenseless and terrified animals roughly and without due care," the suit alleged. "Peanut and Fred were not 'euthanized,' which is 'the act or practice of killing or permitting death in the event of hopelessly sick or injured individuals.' Peanut and Fred were healthy, young, thriving, happy animals. They were executed, not euthanized."

The lawsuit alleges several constitutional rights violations including extreme invasion of privacy, unreasonable search and seizure, and disproportionate government action.

P'Nut the Squirrel was a social media star, with more than 915,000 Instagram followers until his death. Longo rescued the orphaned rodent seven years ago after P'Nut's mother was struck and killed by a car. The squirrel became an integral part of Longo's animal refuge, P'Nuts Freedom Farm.