Can a Circuit Court of Appeals avoid deciding purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction?

QUESTIONS PRESENTED FOR REVIEW Can a Circuit Court of Appeals simply elect not to decide purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction? Can a Circuit Court of Appeals invent a jurisdictional limitation to avoid deciding purely legal qualified immunity questions over which it has interlocutory appellate jurisdiction? In an interlocutory qualified immunity appeal, can a Circuit Court of Appeals manufacture a claim that is not pled in the Complaint and then, solely based on that manufactured claim, deny qualified immunity for a legally distinct claim that is in the Complaint?