The Nanticoke Lenni-Lenape Tribal Nation filed a second lawsuit against the state for not recognizing them as an official American Indian tribe.
TRENTON -- The Nanticoke Lenni-Lenape Tribal Nation filed a civil rights lawsuit against New Jersey and Attorney General John Hoffman, claiming they were wrong in not recognizing the Nation as an official American Indian tribe.
The lawsuit, filed Oct. 13 in Mercer County Superior Court, is very similar to one the tribe filed in federal court in July, according to Frank Corrado, an attorney representing the Nanticoke Nation, as they refer to themselves.
Corrado said the initial lawsuit was filed with both state and federal claims but that he pulled the first state claim and refiled it this month in Mercer County.
Earlier this week the state responded to the federal lawsuit with a motion to dismiss, calling it "misguided."
Both lawsuits are a response to the state's 2012 decision to not recognize the Nanticoke and two other New Jersey-based tribal nations as official American Indian tribal nations, according to the lawsuit.
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The Nanticoke Nation claims that without state recognition as an official American Indian tribe, they would lose benefits including the authorization to label crafts that they sell, "Indian-made," the suit says.
Additionally, members of the nation may have a more difficult time getting grants and student scholarships. They could also lose support from a U.S. business development program which helps out small businesses owned by American Indians, the suit claims.
The Nanticoke, who are based in Bridgeton, have 3,000 members and 500 generations of American Indians who have lived in New Jersey, the lawsuit says.
The tribe has been officially recognized by the state legislature since 1982.
However, the Attorney General's office said in 2012 it does not recognize the tribe, the suit claims.
"At a minimum the legislature would have to say that (they) don't recognize (The Nanticoke Lenni-Lenape Tribal Nation)," Corrado said of how the 1982 decision could be reversed.
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He said that hasn't happened but called the Attorney General's 2012 action to not recognize the nation an, "unlawful repudiation."
A representative from Hoffman's office declined to comment Thursday but confirmed that they filed a motion to dismiss the federal lawsuit earlier this week.
In the motion, the state claims both that they are protected by the 11th Amendment and that the Nanticoke Nation has failed to state a claim.
"(The Nanticoke Nation) has not plausibly alleged government conduct that 'shocks the conscience,'" the motion stated.
Corrado said that he plans to serve the Attorney General's office with the state lawsuit soon.
Anna Merriman may be reached at amerriman@njadvancemedia.com. Follow her on Twitter @anna_merriman Find The Times of Trenton on Facebook.