The following excerpt is from Leitner v. Westchester Cmty. Coll., 779 F.3d 130 (2nd Cir. 2015):
In considering whether a governmental entity is entitled to Eleventh Amendment sovereign immunity, we review the district court's factual findings for clear error and its legal conclusions de novo. McGinty v. New York, 251 F.3d 84, 90 (2d Cir.2001). All Circuits to have considered the question, including our own, require the party asserting Eleventh Amendment immunity to bear the burden of demonstrating entitlement. Woods, 466 F.3d at 237.
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