(1) shall be and is hereby declared to be a body corporate and, as such and by the names designated in this section, may hold property for the use of the university which it governs, be a party to all suits and contracts, and do all things lawfully appertaining to such university in like manner as municipal corporations of this state. § 2&40-104(l)(a), 7 C.R.S. (1997). This declaration, analogizing UNC to a municipal corporation, tends to support the conclusion that UNC is comparable to a municipality and therefore not entitled to Eleventh Amendment immunity. See Monell, 436 U.S. at 690, 98 S.Ct. at 2035 (concluding that Congress did intend municipalities and other local government units to be included among those persons to whom § 1983 applies); see also Simon, 946 P.2d at 1305 (<HOLDING>). However, there is a wealth of authority that
holding that government entities may not assert qualified immunity holding that the mitchell rationale applies to claims of eleventh amendment immunity made by states and state entities holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity holding that notice statute applies to both municipal entities and employees of municipal entities acting within the scope of their employment recognizing that the supreme court in mount healthy and lake country concluded that the entities were not arms of the state because the enabling statutes failed to articulate a clear intention to cloak the entities with eleventh amendment immunity