Owners of beloved Peanut the squirrel plan to sue New York state over seizure and killing by authorities

The owners of Peanut the squirrel, which took the net by tempest aft his "illegal and improper killing," on with his raccoon pal Fred, by New York authorities, are readying to writer the state, accusing officials of authorities overreach and abuse.  

Mark Longo and Daniela Bittner filed a announcement of assertion against the authorities aft some animals were taken from the couple’s upstate location and carnal sanctuary successful agrarian Pine City, adjacent the Pennsylvania border, during a raid by the Department of Environmental Conservation (DEC) connected Oct. 30.

The assertion accuses authorities of violating the couple's rights by taking the animals, penetration of privateness and trespass, among different claims. 

Peanut, oregon P'Nut, and Fred were killed to beryllium tested for rabies, which was "unfounded" and "unjustified," according to the filing. Authorities knew the animals didn't person rabies, it said. 

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Peanut oregon P'Nut the squirrel has 532,000 followers connected Instagram. His owners are readying to writer New York authorities implicit the animal's seizure and euthanasia.  (@peanut_the_squirrel12/Instagram)

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The authorities said an cause was bitten during the raid, sparking the request for the tests, the New York Post reported. 

In their notice, the mates called that an "excuse" and alleged the "fabrication of evidence," the tribunal documents said. Even if determination was a hazard of rabies, "which is adjacent intolerable and disputed," DEC agents should person known however to grip chaotic oregon different animals without getting bitten, the documents state. 

"It appears arsenic though determination were aggregate constitutional law violations present -- oregon astatine the precise least, determination are galore questions arsenic to wherefore the government chose the actions that they chose," the couple's attorney, Nora Constance Marino, told Fox News Digital in a statement. "Entering someone's location and searching it is specified an utmost usurpation of that person's close to privacy, and that's wherefore we person a Fourth Amendment, to support america from unreasonable searches and seizures."

"Likewise, determination are galore questions arsenic to wherefore Peanut and Fred were killed. There was nary reason, whatsoever, to judge that either carnal had rabies, and sidesplitting the animals was extracurricular the scope of the warrant," she added.  "My clients person suffered greatly and proceed to suffer, from what appears to beryllium egregious authorities conduct. Government wields large power, and if near unchecked, tin person disastrous results for citizens.  That's what makes our United States Constitution truthful precious, and it needs to beryllium honored."

Peanut was rescued astatine 5 weeks aged by his adoptive quality parents aft his parent was tally implicit by a car. (@peanut_the_squirrel12/Instagram)

The DEC said it doesn't remark connected pending litigation. 

The filing further alleges that "the conception that a DEC cause and/or different respondents’ cause was ‘bitten’ by Peanut whitethorn beryllium mendacious and/or manufactured."

"It is further submitted that adjacent if an cause was successful information bitten, sidesplitting Peanut would inactive beryllium unnecessary, unjustified, improper, and illegal, it is further submitted that determination is nary assertion that Fred the raccoon spot anyone, and thus, the sidesplitting of Fred was unnecessary, unjustified, improper, and illegal," the filing states. 

Peanut was an net sensation earlier his death. An Instagram page dedicated to him has much than 915,000 followers. 

Longo and his woman established the carnal sanctuary, called "P’Nut’s Freedom Farm," past year, inspired by the squirrel. Longo told his followers that helium had taken the rodent successful aft helium witnessed the squirrel’s parent being deed by a car. The squirrel refused to instrumentality to the chaotic and became attached to the couple. 

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Peanut oregon P'Nut the squirrel, who had implicit 500,000 followers connected Instagram, was euthanized by New York State officials past week. (@peanut_the_squirrel12/Instagram)

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In a erstwhile interrogation with TMZ, Longo said Peanut's decease tore his household apart. 

"Peanut was the cornerstone of our non-profit carnal rescue," helium said. "And 10 to 12 DEC officers raided my location arsenic if I was a cause dealer. I sat extracurricular my location for 5 hours. I had to get a constabulary escort to my bathroom."

Fox News Digital's Michael Dorgan contributed to this report.