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 internet by storm after his "illegal and improper killing," along with his raccoon pal Fred, by New York authorities, are planning to sue the state, accusing officials of government overreach and abuse.  

Mark Longo and Daniela Bittner filed a notice of claim against the state after both animals were taken from the couple’s upstate home and animal sanctuary in rural Pine City, near the Pennsylvania border, during a raid by the Department of Environmental Conservation (DEC) on Oct. 30.

The claim accuses authorities of violating the couple's rights by taking the animals, invasion of privacy and trespass, among other claims. 

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

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The state said an agent was bitten during the raid, sparking the need for the tests, the New York Post reported. 

In their notice, the couple called that an "excuse" and alleged the "fabrication of evidence," the court documents said. Even if there was a risk of rabies, "which is near impossible and disputed," DEC agents should have known how to handle wild or other animals without getting bitten, the documents state. 

"It appears as though there were multiple constitutional law violations here -- or at the very least, there are many questions as to why 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 house and searching it is such an extreme violation of that person's right to privacy, and that's why we have a Fourth Amendment, to protect us from unreasonable searches and seizures."

"Likewise, there are many questions as to why Peanut and Fred were killed. There was no reason, whatsoever, to believe that either animal had rabies, and killing the animals was outside the scope of the warrant," she added.  "My clients have suffered greatly and continue to suffer, from what appears to be egregious government conduct. Government wields great power, and if left unchecked, can have disastrous results for citizens.  That's what makes our United States Constitution so precious, and it needs to be honored."

The DEC said it doesn't comment on potential or pending litigation. 

The filing further alleges that "the notion that a DEC agent and/or other respondents’ agent was ‘bitten’ by Peanut may be false and/or manufactured."

"It is further submitted that even if an agent was in fact bitten, killing Peanut would still be unnecessary, unjustified, improper, and illegal, it is further submitted that there is no claim that Fred the raccoon bit anyone, and thus, the killing of Fred was unnecessary, unjustified, improper, and illegal," the filing states. 

Peanut was an internet sensation before his death. An Instagram page dedicated to him has more than 915,000 followers. 

Longo and his wife established the animal sanctuary, called "P’Nut’s Freedom Farm," last year, inspired by the squirrel. Longo told his followers that he had taken the rodent in after he witnessed the squirrel’s mother being hit by a car. The squirrel refused to return to the wild and became attached to the couple. 

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In a previous interview with TMZ, Longo said Peanut's death tore his family apart. 

"Peanut was the cornerstone of our non-profit animal rescue," he said. "And 10 to 12 DEC officers raided my house as if I was a drug dealer. I sat outside my house for five hours. I had to get a police escort to my bathroom."

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