Eds: APNewsNow.

SIOUX FALLS, S.D. (AP) The South Dakota Army National Guard and two commanders accused of discriminating against a retired colonel based on her gender and Japanese-American heritage have asked a federal judge to dismiss the case.

The Guard, Adjutant General Steven Doohen and Brigadier General Theodore Johnson filed their request Wednesday.

Among their grounds, they say the 11th amendment to the U.S.

Constitution, which prohibits an individual from suing a state government in the federal courts, makes them immune from the lawsuit.

Secretary of the Army Pete Geren and the Army National Guard also were sued but were not part of the latest motion.

Nancy Wetherill filed her complaint in U.S. District Court in Rapid City in September.

(Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 11-30-08 0510CST | save this article / add to your favorites list