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Cleared to Go ¸£Àû¼§â€”But Held Anyway: Lawsuit Targets New York-Presbyterian/Weill Cornell

Father and Daughter

For Immediate Release

 

Father and daughter say hospital imposed extra-legal ‘social hold’ despite ACS authorization to go home

 

New York, N.Y. — September 1, 2025 — Eric Sanders, Esq., of ¸£Àû¼§. announced today the filing of a federal civil-rights lawsuit on behalf of Jason Laurence Butler, a Black retired NYPD officer, and his daughter J.P.B., a now sixteen-year-old with Williams Syndrome, against New York-Presbyterian Hospital/Weill Cornell Medical Center (NYP/WCMC) and multiple hospital employees. The suit alleges that hospital staff unlawfully detained the child for more than 36 hours after both psychiatry cleared her and the New York City Administration for Children’s Services (ACS) expressly authorized her discharge home.

The complaint, filed in the United States District Court for the Southern District of New York (Case No. 1:25-cv-07252), details a series of events beginning on April 23, 2024, when the then-fifteen-year-old was taken to NYP/WCMC’s emergency department following a dermatology visit and a brief NYPD intervention. According to the filing, hospital staff—despite psychiatric clearance and repeated ACS approvals—refused to release the child to her mother, imposed extra-procedural barriers (including an insistence that ACS appear in person), and re-interviewed the child to generate continuing “safety†objections unrelated to medical necessity or legal authority.

“Hospitals do not have the authority to overrule ACS when a child has been cleared, and they cannot create an extra-legal, open-ended ‘social hold’ to keep a family apart,†said Eric Sanders, attorney for the plaintiffs. “When a minor is medically and psychiatrically stable, and ACS has authorized discharge, detaining that child is not only unlawful—it’s unconscionable.â€

Core Allegations

The lawsuit alleges that, after the child was psychiatrically cleared late on April 23 and ACS twice authorized discharge home with follow-up, NYP/WCMC staff continued to hold her until late on April 25. During that period:

  • Hospital personnel allegedly conditioned release on requirements ACS never imposed, including an in-person ACS visit before discharge.

  • The child’s mother was denied or unreasonably restricted access—even after she appeared at the hospital to take her daughter home.

  • Staff allegedly escalated “safety†narratives by repeatedly re-interviewing the child after clearance, and mischaracterized the family’s ACS history.

  • Mr. Butler was allegedly excluded from meaningful participation in discharge planning, while staff invoked racially charged stereotypes—including references to a “gun in the home†without noting his lawful status as a retired, licensed police officer.

The complaint names as defendants NYP/WCMC as well as several physicians and social workers involved in the decision to withhold discharge. It alleges this “social hold†was not authorized by statute, not supported by exigent circumstances, and not ordered by any court.

“Our daughter was medically and psychiatrically cleared. ACS told the hospital she could go home. Yet we spent the next day and a half fighting to bring her home from a place that should have been looking out for her,†said Jason Laurence Butler. “No parent should go through that.â€

Claims in the Case

The suit asserts federal, state, local and common law claims arising from disability and race discrimination, unlawful seizure, interference with the parent-child relationship, and related torts. Among them:

  • Rehabilitation Act § 504 (29 U.S.C. § 794) — Alleging disability discrimination against J.P.B. and associational disability discrimination against Mr. Butler by denying equal access to hospital services and discharge planning, and failing to modify practices that delayed discharge after clearance and ACS authorization.

  • Title VI (42 U.S.C. § 2000d) — Alleging race discrimination in a federally funded program, including the elevation of race-based suspicion and exclusion of Mr. Butler from discharge planning because he is Black, resulting in unequal treatment for both father and daughter.

  • 42 U.S.C. § 1981 — Alleging intentional race discrimination interfering with the making, performance, and enjoyment of the hospital service contracts, including by altering the terms and conditions of discharge for this family.

  • 42 U.S.C. § 1983 — Alleging violations of (i) the Fourteenth Amendment right to familial association (as to both plaintiffs); (ii) the Fourth Amendment right to be free from unreasonable seizure (as to the child), based on the continued detention after clearance and ACS authorization; and (iii) substantive due process (pled in the alternative for the child), alleging arbitrary, conscience-shocking confinement.

  • New York State Human Rights Law (N.Y. Exec. Law § 296(2)(a)) — Alleging discrimination in a public accommodation based on race and disability, including associational disability affecting Mr. Butler.

  • New York City Human Rights Law (N.Y.C. Admin. Code § 8-107(4)(a)) — Alleging public-accommodations discrimination based on race and associational disability.

  • Common-law claims — Negligence, Negligent Infliction of Emotional Distress, and False Imprisonment (state-law analogue to the Fourth Amendment claim), with the complaint noting infancy tolling for the minor’s claim.

The plaintiffs seek compensatory damages, punitive damages where permitted, injunctive and declaratory relief (including policy reform, staff training, and compliance monitoring), and attorneys’ fees and costs.

“Disability and race cannot be pretexts to sidestep the law,†Sanders added. “We’re asking for more than damages. We’re asking the Court to order changes that stop this from happening to any other New York family.â€

The “Social Hold†Problem

While hospitals can and should alert authorities to legitimate safety concerns, the complaint underscores that child-welfare decisions in New York belong to ACS and, when necessary, the courts—not to hospital staff once a child is medically and psychiatrically cleared. As alleged, NYP/WCMC substituted its own judgment for that of the legally empowered agency, insisting on extra conditions before releasing the child, effectively creating a de facto custodial “social hold.â€

According to the filing, this internal barrier prolonged detention even after psychiatry had determined the child did not meet admission criteria and ACS had approved immediate discharge. The lawsuit contends that practice violates federal civil-rights laws, the Constitution, and state law protections governing public accommodations and freedom from unlawful restraint.

Timeline Highlights Alleged in the Complaint

  • April 23, 2024 (evening): At NYP/WCMC, a psychiatry resident—supervised by an attending—clears the child, finding no basis for inpatient admission.

  • Overnight (April 23–24): ACS, including an on-call worker and later a CPS worker after consultation with a supervisor, authorizes discharge home with follow-up.

  • April 24: Despite ACS authorization, hospital staff refuse to discharge, record that the “medical team does not feel comfortable,†and continue the hold; mother’s access is restricted; staff re-interview the child and explore alternative placements.

  • April 25 (midday): ACS again confirms discharge; paperwork still delayed; notes reflect the patient “does not feel safe,†despite ACS’s plan for safety planning with the mother and home supervision.

  • April 25 (later): After further advocacy, including input from the child’s private psychiatrist, the hospital releases the child—more than 36 hours after the first ACS authorization.

“No statute authorizes a hospital to detain a medically cleared child while it hunts for better facts,†Sanders said. “If ACS says the child can go home, and there’s no court order or exigency, you return the child to her family.â€

What the Lawsuit Seeks to Change

In addition to damages for the family, the plaintiffs will ask the Court to order institutional reforms, including:

  • Written policies that prohibit “social holds†or similar extra-procedural discharge barriers once ACS authorizes release and the child is medically/psychiatrically cleared;

  • Training for Emergency Department physicians, psychiatrists, social workers, and security on Section 504, Title VI, and constitutional limits on custodial detention;

  • Monitoring and auditing to ensure compliance and to promptly correct any recurrence;

  • Equal-access safeguards for families of color and for families with disabilities/associational disabilities to prevent bias-driven delays or exclusions from discharge planning.

About the Plaintiffs

Jason Laurence Butler is a retired NYPD officer and the custodial parent of J.P.B. The complaint alleges he was treated suspiciously and excluded from discharge planning because he is Black and because he is the parent of a disabled child—a combination that, plaintiffs argue, led staff to ignore ACS and disregard the lawful boundaries of their role.

J.P.B., who has Williams Syndrome, is described in the complaint as medically and psychiatrically stable at the time hospital staff repeatedly declined to discharge her. The lawsuit alleges she was subjected to unlawful confinement and stigmatizing assumptions based on disability, causing serious emotional harm.

Case Information

The action is filed in the United States District Court for the Southern District of New York as Jason Laurence Butler, individually and as parent and natural guardian of J.P.B., a minor v. New York-Presbyterian Hospital/Weill Cornell Medical Center, et al. (Case No. 1:25-cv-07252). A jury trial is demanded. The complaint identifies the minor by initials in accordance with Federal Rule of Civil Procedure 5.2 and seeks appointment of Mr. Butler as guardian ad litem under Rule 17(c).

“This isn’t about second-guessing legitimate safety decisions,†Sanders said. “It’s about who gets to make them, and the rules everyone must follow. When those rules are broken, a child loses her liberty and a family loses precious time together. That’s why we’re in court.â€

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Fighting for Justice and Reform to Promote Equal Opportunity

Led by Eric Sanders, Esq., ¸£Àû¼§. has a proven track record in civil rights litigation, representing clients in complex cases involving law enforcement misconduct and employment discrimination. Mr. Sanders, a former police officer, leverages deep insight into systemic issues facing law enforcement agencies. The firm has successfully recovered millions in damages and remains committed to promoting fairness, integrity, and meaningful reform within public institutions.

Contact: Eric Sanders, Esq.
President and Owner, ¸£Àû¼§.
30 Wall Street, 8th Floor
New York, NY 10005
Phone: (212) 652-2782

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Read Federal Complaint

The allegations summarized above are as stated in the complaint; the defendants will have an opportunity to respond in court.

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