-MWP Justice v. King et al, No. 6:2008cv06417 - Document 395 (W.D.N.Y. 2011)

Court Description: DECISION & ORDER Justice's motions to compel 284 , 305 are granted in part and denied in part. Justice's motion to determine the sufficiency of defendant Miraglia's response to his second and third requests for admissions 286 is g ranted in part and denied in part. Defendants shall file their responses by no later than 10/14/2011. Justice's motions 262 , 265 , 276 , 281 , 297 , 299 , 303 are denied without prejudice in their entirety. Signed by Hon. Marian W. Payson on 9/26/2011. Signed by Hon. Marian W. Payson on 9/26/2011. (Attachments: # 1 King's Response to Plaintiff's First Request for Admission to Terry King) Copy of Decision & Order sent to John D. Justice. (KAH)

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Case 6:08-cv-06417-CJS -MWP Document 180 Filed 07/01/10 Page 1 of 15 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK __________________________________________ JOHN D. JUSTICE, and on behalf of all Parolees similarly situated, Plaintiffs, -againstTERRY KING, SAVING GRACE MINISTRIES, INC., EUGENIO RUSSI, KEN WILSON, CHARLES SEARS, TOM TORTORA, RICHARD M. RAGUA, KC SHARM, BRENDA MARTIN, DR. ARVIND SAMANT, KIM KARALUS, DR. JEFFREY GRACE, and HON. RONALD H. TILLS (refined), PLAINTIFF S FIRST REQUEST FOR ADMISSION TO TERRY KING 08-CV-6417-CJS (P) Defendants. DEFENDANT REV. TERRY KING S RESPONSE TO PLAINTIFF S FIRST REQUEST FOR ADMISSION TO TERRY KING PLEASE TAKE NOTICE that Rev. Terry King ( Rev. King ), as and for his response to plaintiff s First Request for Admission to Rev. King dated May 24, 2010, states as follows: GENERAL OBJECTIONS 1. Defendant Rev. King objects to each request to the extent that it seeks information protected against disclosure by the attorney client privilege, the work product doctrine, the material prepared in anticipation of litigation privilege, the material prepared for litigation privilege, or any other applicable privilege or rule of confidentiality. Defendant Rev. Case 6:08-cv-06417-CJS -MWP Document 180 Filed 07/01/10 Page 2 of 15 King construes each request as not seeking information which has come into the existence or custody of defendants because of this litigation. 2. Defendant Rev. King objects generally to the requests to the extent that they seek to impose obligations which are beyond those imposed by the Federal Rules of Civil Procedure and to the extent that the requests are overly broad and unduly burdensome and seek information and material which is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence in this action. 3. By answering or responding to any of the following requests, defendant Rev. King does not waive objections thereto whether during further discovery or during the progress of the case to its conclusion. Defendant Rev. King reserves his right to supplement his responses in the event that he obtains additional information or documentation. RESPONSES AND SPECIFIC OBJECTIONS 1. Defendant Eugenio Russi was your Parole Officer. Response: 2. Your Plaintiff, John D. Justice, was released from prison on September 9, 2005. Response: 3. Admits. Saving Grace Ministries, Inc., receives funding from the federal Faith Based Initiative Act. Response: 4. Denies. Denies. A number of parolees have resided in halfway houses owned and operated by Saving Grace Ministries, Inc. Response: 5. Admits. Saving Grace Ministries, Inc., contracts with the New York State Division of Parole to provide residential stabilization services. -2- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 6. Filed 07/01/10 Page 3 of 15 Admits. Your plaintiff, John D. Justice, was brought to Grace House by the New York State Division of Parole. Response: 7. Grace House is located at 1932 Bailey Avenue, Buffalo, New York 14211. Response: 8. Admits. Your son, Joshua King, was employed as a caretaker for Grace House. Response: 16. Admits. Your wife, Sheryl King, is on the Board of Directors for Saving Grace Ministries, Inc. Response: 15. Admits that plaintiff sporadically attended Bible studies at Grace House, and denies the remaining allegations. You wrote an autobiography entitled, Redeeming Grace . Response: 14. Admits. Your plaintiff, John D. Justice, attended regular Bible studies at Grace House. Response: 13. Admits. Your plaintiff, John D. Justice, attended Evangel Church in Williamsville, New York. Response: 12. Admits. Your plaintiff, John D. Justice, participated in the Start Program at Grace House. Response: 11. Admits. Your plaintiff, John D. Justice, signed an inmate/parolee contract on September 9, 2005. Response: 10. Admits. Grace House is owned and operated by Saving Grace Ministries, Inc. Response: 9. Admits. Denies. Saving Grace Ministries, Inc., operates halfway houses in the State of New York. -3- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 17. Filed 07/01/10 Page 4 of 15 Admits. Saving Grace Ministries, Inc., contracts with the New York State Division of Parole under Section 259(2) of the New York Executive Law. Response: 18. Denies. Saving Grace Ministries, Inc., is not a licensed New York State Office of Mental Health care provider. Response: 19. Your plaintiff was a patient at the Butler Clinic. Response: 20. Admits. Admits. Your plaintiff was arrested by defendants Ken Wilson and Charles Sears on August 7, 2006. Response: 21. Donald Snyder is on the Board of Directors for Saving Grace Ministries, Inc. Response: 22. Admits. that plaintiff was arrested on August 7, 2006, and lacks knowledge or information sufficient to admit or deny the remaining allegations. Admits. Donald Snyder is employed by the New York State Department of Correctional Services (DOCS). Response: 23. Donald Snyder is the Senior Coordinating Chaplain at Wende Correctional Facility. Response: 24. Admits that, upon information and belief, Donald Snyder is employed by the New York State Department of Correctional Services. Admits. that, upon information and belief, Donald Snyder is the Senior Coordinating Chaplain at Wende Correctional Facility. You were released from the DOCS on January 5, 1999. Response: Defendant objects on the grounds that the request vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. -4- Case 6:08-cv-06417-CJS -MWP Document 180 25. Filed 07/01/10 Page 5 of 15 On September 14, 1999, you used the United States Mail to send a Certificate of Incorporation of Saving Grace Ministries under Section 402 of the Not-for-Profit Corporation Law to the New York Secretary of State, at the Department of State, 14 State Street, Albany, New York, 12231. Response: 26. Denies. You mailed the Certificate of Incorporation of Saving Grace Ministries under Section 402 of the Not-for-Profit Corporation Law from a post office in Williamsville, New York with the return address in care of Evangel Assembly of God, 1800 Maple Road, Williamsville, New York 14221 . Response: 27. Denies. Between September 9, and September 30, 2005, you used the telephone to contact the Erie County Department of Social Services to arrange for times when your plaintiff, John D. Justice, could sign over food stamp and welfare to Saving Grace Ministries, Inc. Response: 28. Denies. Between September 9, and September 30, 2005, you used the United States Mail to mail forms to the Erie County Department of Social Services relating to the food stamp and welfare benefits owed to your plaintiffs, John D. Justice. Response: 29. Denies. Saving Grace Ministries, Inc., used the United States Mail to receive funds from the Erie County Department of Social Services on behalf of your plaintiff, John D. Justice. Response: 30. Admits that Saving Grace Ministries, Inc. received Social Security Disability funds on behalf of John D. Justice, and denies the remaining allegations. Saving Grace Ministries, Inc., used electronic wire transfers to receive funds from the Erie County Department of Social Services on behalf of your plaintiff John D. Justice. -5- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 31. Filed 07/01/10 Page 6 of 15 Denies. Saving Grace Ministries, Inc., is the representative payee for your Plaintiff s Social Security Disability Benefits (SSD). Response: 32. Admits that plaintiff s Social Disability Benefits were issued to Saving Grace for John Justice, and denies the remaining allegations. In October 2005, you used the telephone to contact the United States Social Security Administration to arrange a time to bring your plaintiff in to sign over SSD benefits to Saving Grace Ministries, Inc. Response: 33. Denies. In October 2005, you used the United States Mail to send forms to the United States Social Security Administration for the purpose of having your plaintiff, John D. Justice, sign over SSD benefits to Saving Grace Ministries, Inc. Response: 34. Denies. From October 2005, to August 2006, you received SSD benefits on behalf of your plaintiff, John D. Justice, for Saving Grace Ministries, Inc. Response: 35. Denies. From October 2005, to August 2006, you removed $340 per month from your plaintiff s SSD benefits to pay for rent. Response: 36. You are a member of the New York State Division of Parole s Advisory Board. Response: 37. Denies. Admits. You and a business partner, were found liable in a judgment in the New York State Supreme Court, for defrauding elderly investors. -6- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 38. Filed 07/01/10 Page 7 of 15 Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. The civil judgment rendered against you, in State Supreme Court, was for $800,000.00 (eight hundred thousand dollars). Response: 39. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. After your civil judgment was rendered against you in State Supreme Court, you declared bankruptcy. Response: 40. You received a declaration of bankruptcy from Federal Court. Response: 41. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You were a party to an Article 78 proceeding commenced by your plaintiff in State Supreme Court, Erie County, with the Index No. I-2007-12006. Response: 42. Admits. P.O. Box 1013, Williamsville, New York 14234, is the mailing address for Saving Grace Ministries, Inc. Response: 43. Esther Gulyas prepares your personal tax returns. Response: 44. Admits. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Esther Gulyas donated money to help start Saving Grace Ministries, Inc. -7- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 45. Admits. You gave your plaintiff, John D. Justice, permission to own a computer at Grace House. Response: 54. Admits. Carl Calabrese is on the Board of Directors for Saving Grace Ministries, Inc. Response: 53. Denies. Alyssa George is employed by Saving Grace Ministries, Inc. Response: 52. Admits. Kevin Cheeks was employed by Saving Grace Ministries, Inc. Response: 51. Admits. Samuel Jackson was employed by Saving Grace Ministries, Inc. Response: 50. Admits. Richard Erckhardt was employed by Saving Grace Ministries, Inc. Response: 49. Admits that Melvin Taylor was an employee of Saving Grace Ministries, and denies the remaining allegations. Larry Blakely is an employee of Saving Grace Ministries, Inc. Response: 48. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Melvin Taylor is an employee of Saving Grace Ministries, Inc. Response: 47. Admits. You killed Jeffrey Brown while you were driving while intoxicated. Response: 46. Filed 07/01/10 Page 8 of 15 Denies. (The New York State Division of Parole required that John D. Justice put a password safety lock on the computer he owned while at Grace House.) You required your plaintiff, John D. Justice, to put a password safety lock on the computer owned by your plaintiff at Grace House. -8- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 55. Filed 07/01/10 Page 9 of 15 Denies. (The New York State Division of Parole required that John D. Justice put a password safety lock on the computer he owned while at Grace House.) You required your plaintiff, John D. Justice, to give the computer password, for your plaintiff s computer, to you and the New York State Division of Parole. Response: 56. Denies. (The New York State Division of Parole required that John D. Justice provide the computer password to Saving Grace Ministries and the New York State Division of Parole.) Grace House, in Buffalo, falls under the congregate care program from the Department of Social Services (DSS). Response: 57. Grace House maintains a Parolee Destination Log Book . Response: 58. Admits. Your plaintiff made his own compact disc (CD) recordings at Grace House. Response: 62. Admits. Your plaintiff owned a digital voice recorder at Grace House. Response: 61. Admits. Marlene Muna was employed by Saving Grace Ministries, Inc. Response: 60. Admits. Stephen Gatti was a parolee who resided at Grace House. Response: 59. Denies. Admits. Your plaintiff wore an ankle bracelet, and Global Positioning System (GPS) monitor, at Grace House, as a condition of parole. Response: 63. Admits. The New York State Department of Correctional Services (DOCS) donated inmate labor to help build and refurbish Grace House. -9- Case 6:08-cv-06417-CJS -MWP Document 180 Response: 64. Filed 07/01/10 Page 10 of 15 Admits. Inmate crews from Gowanda Correctional Facility helped to build and refurbish Grace House. Response: 65. Admits. In December 2005, you and your wife, Sheryl L. King, took a vacation to Las Vegas, Nevada. Response: 66. Defendant objects on the grounds that the request is seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Employees of Saving Grace Ministries, Inc., administered urinalysis and breathalyzer tests upon your plaintiff, John D. Justice. Response: 67. Admits. In 2005, Grace House used a Grace House Program Policies and Guidelines Manual to give to parolee residents. Response: 68. Norbert Lepsch was a parolee who resided at Grace House. Response: 69. Admits. Marvin Looney (a.k.a. Tyrone Corbin) was a parolee who resided at the house. Response: 72. Admits. Fred Salem resided at Grace House. Response: 71. Admits. Stuart Sloane was a parolee who resided at Grace House. Response: 70. Admits. Admits. You attended Elim Bible Institute, and earned a two year degree. - 10 - Case 6:08-cv-06417-CJS -MWP Document 180 Response: 73. Filed 07/01/10 Page 11 of 15 Denies. You have not made voluntary restitution to the plaintiffs who obtained the civil judgment against you in State Supreme Court. Response: 74. Richard Agno was a parolee who resided at Grace House. Response: 75. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Denies. The Grace House Program Policies and Guidelines Manual used by Grace House, in 2005, stated under the Section Working the Program the following: The day should consist of four hours documented job search and four hours orientation assignments or an hour work project. Response: 76. Admits. The Grace House Program Policies and Guidelines Manual used by Grace House, in 2005, stated under the Section Working the Program the following: Within one month after entering the program, all clients are expected to obtain full-time employment that does not interfere with staff and parole mandated client program activities such as counseling or addiction treatment programming. Response: 77. You received a salary from Saving Grace Ministries, Inc. Response: 78. Admits. You have met Dr. Charles P. Ewing. Response: 79. Admits. Admits. You were convicted of vehicular manslaughter in the second degree. - 11 - Case 6:08-cv-06417-CJS -MWP Document 180 Response: 80. Filed 07/01/10 Page 12 of 15 Defendant objects on the grounds that the request is overly broad and inclusive and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You were sentenced to a prison term of two to six years for the vehicular manslaughter conviction. Response: 81. You served four years in the New York State Department of Corrections. Response: 82. Admits. You were on parole when you started Saving Grace Ministries on April 14, 1999. Response: 87. Defendant objects on the grounds that the request seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You started Saving Grace Ministries on April 14, 1999. Response: 86. Defendant objects on the grounds that the request seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You completed parole supervision in January, 2001. Response: 85. Defendant objects on the grounds that the request seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You were arrested in April, 1994. Response: 84. Defendant objects on the grounds that the request seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You served two years of supervision under the New York State Division of Parole. Response: 83. Defendant objects on the grounds that the request seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. You were on parole for four months when you started Saving Grace Ministries on April 14, 1999. - 12 - Case 6:08-cv-06417-CJS -MWP Document 180 Response: 88. Filed 07/01/10 Page 13 of 15 Defendant objects on the grounds that the request is vague and overly broad and seeks admission as to allegations not relevant to any known claim or defense of any party in this litigation. The permission to accept parolees into Saving Grace Ministries halfway houses was approved through the Regional Parole Office of the New York State Divisions of Parole. Response: 89. Denies. Defendant Engenio Russi was involved in the process to give Saving Grace Ministries, Inc., the permission to open up a halfway fun house. Response: 90. Denies. You were granted, in 2001, the Executive Clemency Board, a certificate for relief from civil disability. Response: 91. You met with defendant Eugenio Russi, in regards to starting Grace House. Response: 92. Denies. You have dealt with defendant Tom Tortora of the New York State Division of Parole. Response: 93. Admits. Admits. You and defendant Tom Tortora formulated the policies and procedures in written format, for the way you operate Grace House with regard to parolees. Response: 94. You have met defendant Tom Tortora. Response: 95. Denies. Admits. Defendant Tom Tortora contacted you to acquire new properties to house additional parolees. Response: Denies. - 13 - Case 6:08-cv-06417-CJS -MWP Document 180 96. Saving Grace Ministries, Inc. owns properties at 1900, 1920 and 1932 Bailey Avenue. Response: 97. Admits. You were interviewed by WIVB - TV in Buffalo, regarding your plaintiff John D. Justice. Response: 103. Admits. Sean Weber was a parolee who resided at Grace House. Response: 102. Admits. Larry Cole was a parolee who resided at Grace House. Response: 101. Denies. Mike Hale was a parolee who resided at Grace House. Response: 100. Denies. Fred Kazmerick was a parolee who resided at Grace House. Response: 99. Admits. Mike Richards was a parolee who resided at Grace House. Response: 98. Filed 07/01/10 Page 14 of 15 Admits. In October 2005, you escorted your plaintiff John D. Justice to the Social Security Office located at 186 Exchange Street, Buffalo, New York. Response: 104. Admits. Pat Bishop is an employee of Saving Grace Ministries, Inc. Response: Admits. that Pat Bishop was an employee of Saving Grace Ministries, Inc. and denies the remaining allegations. - 14 - Case 6:08-cv-06417-CJS -MWP Document 180 Filed 07/01/10 Page 15 of 15 Dated: Buffalo, New York July 1, 2010 PHILLIPS LYTLE LLP By /s/ James D. Donathen James D. Donathen Attorneys for Rev. Terry King and Saving Grace Ministries, Inc. Suite 3400 One HSBC Center Buffalo, New York 14203-2887 Telephone No. (716) 847-8400 To: John D. Justice 87-B-0385 Auburn Correctional Facility Box 618 Auburn, NY 13021 MGC/kc Doc # 01-2379757.2 - 15 - Case 6:08-cv-06417-CJS -MWP Document 180-2 Filed 07/01/10 Page 1 of 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOHN D. JUSTICE, and on behalf of all parolees similarly situated, Plaintiffs -vsTERRY KING, SAVING GRACE MINISTRIES, INC., EUGENIO RUSSI, KEN WILSON, CHARLES SEARS, TOM TORTORA, RICHARD MIRAGLIA, KC SHARMA, BRENDA MARTIN, DR. ARVIND SAMANT, KIM KARALUS, DR. JEFFREY GRACE, and the HON. RONALD H. TILLS (retired), 08-CV-6417-CJS(P) Defendants CERTIFICATE OF SERVICE I certify that on July 1, 2010, I caused Defendant Rev. Terry King s Response to Plaintiff s First Request For Admission to Terry King to be mailed, by the United States Postal Service, to the following non-CM/ECF participant: John D. Justice, #87-B-0385 Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 and the following were electronically filed with the Clerk of the District Court using the CM/ECF system, which upon information and belief, sent notification of such filing to George Michael Zimmermann, Esq. New York State Attorney General s Office Assistant Attorney General of Counsel Attorney for Defendants 350 Main St. Buffalo, NY 14202 Telephone No.: (716) 853-8444 Email: George.Zimmerman@oag.state.ny.us ____/s/ James D. Donathen____________ James D. Donathen Sworn to before me this 1st day of July, 2010. ___/s/ Marian Sarzyniak_______ Notary Public Doc # 01-2366188.1

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