at 102; Maute v. Roth, 90 F.R.D. 174, 175 (E.D.Pa.1981).
Applying these standards to the proceeding sub judice, plaintiff's amended complaint-Counts I-III-must be dismissed with respect to all defendants against whom these claims were made. With respect to defendant City of Philadelphia, plaintiff states that defendant acted "recklessly, carelessly and negligently"
by failing to provide adequate protection for inmates and by failing to segregate inmate Allen Wimberly from the general prison population because of his alleged violent and irrational behavior. Plaintiff, however, sets forth no facts to support these broad conclusory allegations. See Ross, 638 F.2d at 650; Rotolo, 532 F.2d at 922-23; Negrich, 379 F.2d at 215. Section 1983 liability can only be imposed where the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation or "custom" promulgated by those whose edicts or acts may fairly be said to represent official policy. Monell v. New York City Department of Social Services, 436 U.S. 658, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); Rizzo v. Goode, et al, 423 U.S. 362, 96 S. Ct. 598, 46 L. Ed. 2d 561 (1976). Nowhere in plaintiff's amended complaint does he allege facts that would enable this Court to formulate even an inference that defendant City of Philadelphia's actions are the result of any official policy or custom. Accordingly, Counts I-III of the amended complaint must be dismissed with respect to the City of Philadelphia.
With respect to defendants Holmesburg Prison, David S. Owens, Irene F. Pernsley, and Ernest Williams, Counts I-III of plaintiff's amended complaint must be dismissed because the averment that these defendants "wilfully, knowingly and with specific intent," deprived him of his constitutional rights are totally unsupported by facts which indicate that these defendants had knowledge of the threat of an attack or knowledge of a propensity by Wimberly to attack other inmates. Curtis, 489 F.2d at 521. See United States ex rel. Roncase v. Cuyler, No. 81-3168 (E.D.Pa., filed Nov. 3, 1981); Ressler v. Scheipe, 505 F. Supp. 155, 158 (E.D.Pa.1981). See also Hampton v. Holmesburg Prison Officials, 546 F.2d 1077, 1081 (3d Cir. 1976).
With respect to defendants Thomas J. Kelly, Warden, and John Doe, Guard at Holmesburg Prison, plaintiff fails to set forth facts which would establish gross, reckless or intentional conduct essential to state a claim under § 1983. Farmer v. Kelly, et al, No. 81-1621 (E.D.Pa., filed Oct. 30, 1981); Thomas v. Estelle, 603 F.2d 488, 490 (5th Cir. 1979); Curtis, 489 F.2d at 518 and 521. See also Hampton, 456 F.2d at 1081; Ressler, 505 F. Supp. at 156. In United States ex rel Miller v. Twomey, et al, 479 F.2d 701 (7th Cir. 1973), cert. denied, 414 U.S. 1146, 94 S. Ct. 900, 39 L. Ed. 2d 102 (1974), a prisoner brought a civil rights action under § 1983, alleging that he had been subjected to a violation of his constitutional rights resulting from an attack by a fellow inmate. The prisoner sought to impose § 1983 liability on the prison officials for the alleged failure to adequately supervise the cellblock and their failure to segregate the attacker from the general prison population. In affirming the lower court order dismissing the prisoner's complaint, the Court stated:
That Amendment (Eighth) may be violated either by the intentional infliction of punishment which is cruel or by such callous indifference to the predictable consequences of substandard prison conditions that an official intent to inflict unwarranted harm may be inferred ... Quite clearly the allegations that defendants ... were negligent in their supervision ... on one occasion is insufficient to establish that they inflicted "punishment" (on the prisoner).