Averhart v. Annucci et al, No. 7:2021cv00383 - Document 58 (S.D.N.Y. 2021)

Court Description: PRELIMINARY INJUNCTION ORDER: Having reviewed the papers supporting Plaintiff's Motion for Prelimina1y Injunction and the papers filed in opposition, and having considered the arguments made at a hearing on the motion on March 25, 2021, the Co urt GRANTS in part and DENIES in part Plaintiff's motion for the reasons stated in the Court's Opinion and Order (ECF No. 55). The Court GRANTS Plaintiffs motion to the extent it seeks to: 1. enjoin Defendants from enforcing a condition of release barring him from any contact with his daughter, J.C.; 2. enjoin Defendants from enforcing a condition of release requiring supervised visitation with J.C. but only to the extent such a condition is based upon a constitutionally deficient inve stigation; and 3. order Defendants to conduct a new investigation into Plaintiffs parental contact request such that Defendants may thereafter require supe1vised visitation, opt for a lesser restriction, or impose no restriction based on their findin gs. Defendants shall, at a minimum, conduct an investigation that: as further set forth herein. The Comi DENIES Plaintiff's motion to the extent it seeks to: 1. enjoin Defendants from enforcing a condition of supervised visitation at this time; and 2. obtain immediate release from incarceration. Though not a part of the preliminary injunction record, counsel represents that Plaintiff was released to supervision of parole on or around June 2, 2021. This preliminary injunction is to take effect IMMEDIATELY and shall remain in effect pending trial in this action or further order of this Court. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 6/21/2021) (kv)