BROKAMP v. JAMES

No. 21-3050-cv August Term 2022.

66 F.4th 374 (2023)

Elizabeth BROKAMP, Plaintiff-Appellant, v. Letitia JAMES, in her official capacity as Attorney General of the State of New York, Betty A. Rosa, in her official capacity as the New York State Commissioner of Education, New York State Education Department Board of Regents, New York State Board of Mental Health Practitioners, Thomas Biglin, in his official capacity as a member of the New York State Board of Mental Health Practitioners, Rodney Means, in his official capacity as a member of the New York State Board of Mental Health Practitioners, Timothy Mooney, in his official capacity as a member of the New York State Board of Mental Health Practitioners, Helena Boersma, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Sargam Jain, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Rene Jones, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Susan L. Boxer Kappel, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Sara Lin Friedman McMullian, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Angela Musolino, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Michele Landers Meyer, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Natalie Z. Riccio, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Holly Vollink-Lent, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Jill R. Weldum, in her official capacity as a member of the New York State Board of Mental Health Practitioners, and Susan Wheeler Weeks, in her official capacity as a member of the New York State Board of Mental Health Practitioners, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 27, 2023.


Attorney(s) appearing for the Case

Jeffrey H. Redfern , Institute for Justice, Arlington, VA ( Robert J. McNamara ; Robert Johnson , Institute for Justice, Shaker Heights, OH; Alan J. Pierce , Hancock Estabrook LLP, Syracuse, NY, on the brief), for Plaintiff-Appellant.

Frederick A. Brodie , Assistant Solicitor General, ( Barbara D. Underwood , Solicitor General, Jeffrey W. Lang , Deputy Solicitor General, on the brief) for Letitia James , Attorney General, State of New York, Albany, NY, for Defendants-Appellees.

Before: Raggi, Wesley, and Lohier, Circuit Judges.


Plaintiff Elizabeth Brokamp is a Virginia-licensed mental health counselor who, for a fee, treats patients online with "talk therapy." Compl. ¶ 1.1 Pursuant to 42 U.S.C. § 1983, she sued various New York state agencies and named officials in the United States District Court for the...

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