The order to show cause for preliminary injunction and temporary restraining order was filed June 5, 2026, in the Southern District of New York. It directs defendants to show cause why an order should not issue under Rule 65 of the Federal Rules of Civil Procedure enjoining the same practices during the pendency of the case.
Pending the hearing and determination of the motion, the order restrains defendants from conducting a strip search or visual body cavity inspection of any resident of an ACS secure detention facility except upon individualized suspicion of contraband when the resident is transferred to or from a court appearance; before or after the resident has a virtual visit; before or after the resident meets with their counsel, social worker, or other members of their counsel’s legal team; and before or after the resident meets with a parent or guardian.
The order was entered upon the annexed declarations of John Doe 1, John Doe 2, Hillary Chernow, Rebecca Heinsen, Yusuf El Ashmawy and Joshua S. Moskovitz; exhibits attached to those declarations; Plaintiff’s supporting memorandum of law; and other papers filed in the case.
The plaintiff is D.P., the parent and natural guardian of John Doe 1 and John Doe 2, suing individually and on behalf of others similarly situated.
The order also provides that electronic service of the order and supporting papers on Defendants’ counsel of record will constitute good and sufficient service. Plaintiffs must serve any additional supporting papers at least 10 days before the return date, defendants must serve answering papers at least five days before the return date, and Plaintiff shall serve any reply papers no later than the return date.
The case is D.P. et al. v. City of New York et al., Case No. 26-cv-4745, in the Southern District of New York.