Court of Appeals for the Tenth Circuit October 31, 2017, 14-2035 (Pauly v. White)

MORITZ, J.,

concurring.

I agree with the majority that White is entitled to qualified immunity because the contours of the constitutional-right at issue aren’t clearly established. See Maj. Op. 1222-23. But unlike the majority, I would decline to address the constitutional question. Compare id. at 1214-22, with Kerns v. Bader, 663 F.3d 1173, 1180 (10th Cir.