Baker v. United States
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
In 2005, Darryl Orrin Baker, proceeding pro se, filed a federal lawsuit against the United States and various officials of the McKean Federal Correctional Institution (“FCI-McKean”), alleging personal injuries caused by their exposing him to second-hand smoke while he was incarcerated at that facility in 2004, in violation of the Federal Tort Claims Act, 28 U.S.C. § 2671. The District Court dismissed his case, but, as is discussed at length below, news of the dismissal did not reach Baker for quite some time. His efforts to rectify the situation…
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