ELMIRA, N.Y. (WETM) -- The couple who owned Peanut the squirrel and Fred the raccoon, both of which were seized by the DEC and euthanized, are suing New York State, Chemung County, and related agencies. Mark Longo, one of the animals' owners, provided 18 News with a copy of the notice of claim, the legal document that must be served before a lawsuit against the government can begin, that was filed on Nov. 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. Peanut the Squirrel’s owner seeking lawsuit after DEC seizure of beloved animal 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 (also known as P'Nut) 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. DEC Officers seized Peanut and Fred, a young raccoon Longo and Bittner took in in the spring of 2024, from the Pine City property on a search warrant on Oct. 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, which represents DEC officers, 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. Chemung County releases rabies test results regarding Peanut the squirrel 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 says 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. 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. 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. Those interested in reading the entire document can find it below: Peanut-the-squirrel-lawsuitDownload