What is the test for determining whether a federal government agency failed to properly maintain records?
MultiRegion, United States of America
The following excerpt is from Atkins v. Sec'y, CASE NO. 12CV1390-GPC(WVG) (S.D. Cal. 2014):
its record keeping obligation, 2) which failure proximately caused the adverse determination, 3) that the agency failed intentionally or willfully to maintain the records, and 4) that the plaintiff suffered actual damages." Rose v. United States, 905 F.2d 1257, 1259 (9th Cir. 1990) (citation omitted).
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