CAUSE NO.

08-CV-29961
DR. KEITH MILLER IN THE DISTRICT COURT
Plaintiff
Vs. OF
DR. SHIRLEY PIGOTT and
DR. STEVEN HOTZE SHELBY COUNTY, TEXAS
DR. SHIRLEY PIGOTT’S MOTION FOR PROTECTION

Now comes Defendant Shirley Pigott and files this Motion for Protection objecting to the time
and place of Defendant Hotze’s Deposition and would show the Court as follows:
1. Defendant Pigott was served with Plaintiff’s notice of deposition of Defendant
Steven Hotze, noticing Dr. Hotze’s deposition for 3/17/10 in Center, Texas. This motion
is filed by the third business days after service of the notice, which stays the Deposition
until such time as the Court rules on this motion. (TRCP 199.4)
2. Plaintiff, Keith Miller has undertaken a series of improper acts and dirty tricks in this
case for the purpose of retaliating against Dr. Pigott for her whistle blowing activity; for
exposing Dr. Miller’s illegal and unethical conduct. (Attached Exhibit A sets out Dr.
Miller’s conduct in retaliation toward Dr. Pigott)
3. The latest illegal and improper conduct by Dr. Miller involves the illegal use and
manipulation of Shelby County, Texas law enforcement personal for the continued
purpose of punishing Dr. Pigott.
4. Due to the conduct (set out below) of Dr. Miller, Shelby County District Attorney,
Shelby County Sheriff and Shelby County Justice of the Pease, it has become necessary
for Dr. Pigott to file a Federal Lawsuit against Miller and the governmental entities
involved, for the violation of Dr. Pigott’s civil rights.
FACTS SUPPORTING MOTION FOR PROTECTION
In addition to the facts set out in the attached Exhibit A, the following facts occurred in
January, 2010.
1. The deposition of Bridget Hughes, Dr. Miller’s employee, was noticed for 1/8/10 in
Center, Texas. Nurse Hughes has been the target of Dr. Pigott’s whistle blower activity,
wherein Pigott has contended that Hughes and Miller have been involved in illegally
obtaining narcotics.
2. The deposition was to be attended by Dr. Pigott and her attorney.
3. Dr. Miller, having failed in his effort to prevent Dr. Pigott from attending the
deposition, conspired with Shelby County law enforcement officials to have Dr. Pigott
taken into custody as she entered the room where the deposition was taken.
4. On 1/5/10, under the supervision of Dr. Miller, Shelby County officials filed felony
conspiracy charges against Dr. Pigott for an event that occurred over two years earlier,
without having been presented proper evidence of probable cause. The Shelby County
officials prepared a warrant for the purpose of taking Dr. Pigott into custody at the
beginning of Hughes deposition. All of this conduct was pursuant to the request of Miller.
5. A Shelby County Sheriff officer, Miller and Hughes were in attendance at the
deposition. Neither Miller nor his attorney notified Pigott’s attorney of the plan to arrest
Pigott at the deposition.
 6. The plan was simply to use the proceeding in this case to have Dr. Pigott taken into
custody; to allow Miller and Hughes to smile and have fun; all being done to punish Dr.
Miller; all done in violation of the process of this Court; all being violations of Dr.
Pigott’s constitutional rights.

As a result of the above conduct, it is not possible for Dr. Pigott’s counsel to advise her that it is
safe to go to Shelby County until such time as proper protection of Dr. Pigott is in place.
Wherefore, Defendant Pigott requests that any discovery in this case in Shelby County be
continued until such time as Dr. Pigott has a reasonable time to investigate the facts alleged so as
to include the proper Shelby County officials in her civil right case which will be filed.

Respectfully Submitted,

Jerry S. Payne
St Bar #15658000
11505 Memorial Dr.
Houston, Texas 77024
713-785-0677
Fax-713-781-8547 CERTIFICATE OF SERVICE
I certify that all parties were served with this
motion on 3/11/10

Jerry S. Payne
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