Lance Phillips files a two million dollar lawsuit against Smith County

TYLER – Lance Phillips, who was recently convicted for assaulting a peace officer while being removed from a Smith County Commissioners court, has filed a federal lawsuit against Smith County officials.

According to a report from The Tyler Morning Telegraph, Lance Phillips claims that his constitutional rights were violated while attending commissioners court meetings. The meeting in question is the same one where the assault occurred.

Prior to his trial for that charge, Phillips filed the federal lawsuit on May 4th against Smith County , Smith county Judge Neal Franklin, Smith County Sheriff Larry Smith, and the Smith County Courthouse Head of Security, LT. Matt Lazarine. The complaint claims Phillips’ constitutional rights, including the First Amendment and the Fourth Amendment, were violated. He alleges that this infringement happened when he was told to stop talking during the public comment section of multiple commissioners court meetings, due to his going off topic and when he was physically removed because he refused to get back on topic.

According to Phillips, Smith County has engaged in an “all-out war against citizens’ free speech, using every tool at its disposal, including fictitious criminal charges, to go after its critics.” The lawsuit alleges Franklin, Smith, and Lazarine have worked together to silence criticism of the commissioners court, and silence Phillips’ rights.

In the April 2nd meeting, which is mentioned in the lawsuit, Phillips was held in contempt of court after he went off-topic during the public comment portion of the meeting, referred to Franklin by his first name, and flipped off the commissioners. He also referred to himself as “The Chosen One” during the exchange. While being escorted out, a jury found Phillips went limp intentionally, causing Lazarine to fall to the ground with him. Lazarine was diagnosed with muscle strain in his back a day later. Phillips’ sentencing is set for July 2025.

Phillips is the son of current Smith County Clerk Karen Phillips and former Smith County Precinct Commissioner Terry Phillips. He claims getting removed from the court was “extreme and outrageous”, saying others who spoke off-agenda didn’t receive the same treatment. As a result, Phillips is two million dollars in damages from one or more of the defendants. He also wants a declaration from the defendants saying their actions violated the United States Constitution.