for the court to dismiss plaintiffs’ claims on that basis is denied. B. Section 1983 Claim In order to prevail on a claim under 42 U.S.C. § 1983, a plaintiff must allege “that the defendants acted under color of state law and that the defendants’ actions deprived the plaintiff of some federal right.” Montgomery v. City of Ardmore, 365 F.3d 926, 935 (10th Cir.2004). “Section 1983 itself does not create any substantive rights, but merely provides relief against those who, acting under color of law, violate federal rights created elsewhere.” Reynolds v. Sch. Dist. No. 1, 69 F.3d 1523, 1536 (10th Cir.1995). Plaintiffs complaint sets forth separate and distinct claims under § 1983, the Fourteenth Amendment, and for forced retirement Standing alone, plaintiffs § 1983 claim would fail. Id. (<HOLDING>). When combined, however, her Fourteenth
holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her holding that a plaintiffs failure to invoke  1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision holding that failure to demonstrate a causal connection is fatal to a  1983  cause of action holding the plaintiffs failure to identify an independently created right upon which her  1983 claim rested was fatal to her claim holding that a plaintiffs failure to establish the statistical significance of her evidence fatally undermines her claim