Philadelphia- A federal judge yesterday dismissed a lawsuit by a former stripper who sued the city alleging that two ex-cops had violated her civil rights when they asaulted her.

Amy Buhalo, 29, filed the complaint in federal district court in 2003, and the case was scheduled for trial for Monday. But Senior District Judge John P. Fullam tossed out her claims against the city.

Buhalo’s claims against the two former cops were not affected by the ruling.

James Fallon Jr. and Timothy Carre were dismissed from the force in February 2003 and pleaded guilty in November 2003 to state charges of indecent assault, simple assault and official oppression.

Buhalo had just finished working at Daydreams, an all-nude strip club in Northeast Philadelphia, when she drove to a nearby convenience store on Frankford Avenue early on Dec. 11, 2002.

Two cops drove up in their cruiser moments later, and, after some brief questioning, told Buhalo to get in the back seat of their cruiser. The officers then drove Buhalo to a deserted lot near Aramingo Avenue and Interstate 95 and assaulted her.

Buhalo said the city should be held liable for the cops’ misconduct because it had an “unconstitutional custom” of not disciplining officers for wrongdoing.

Her attorneys alleged that Police Commissioner Sylvester Johnson was “indifferent” to Buhalo’s civil rights and that the alleged practice of higher-ups’ condoning police misconduct was the “moving force” behind Buhalo’s assault.

The city had argued that Buhalo could not prove that the city was liable and had asked Fullam to throw out the case last June.

“The city feels it’s been vindicated and is pleased that the federal court has affirmed that it was not responsible for the conduct of the two police officers, who were promptly terminated from the Police Department,” said attorney Peter Winebrake, who represented the city.

Thomas Kline, Buhalo’s attorney, said Buhalo would proceed to trial against the two ex-cops. He said it remains to be determined if the city has a “legal and moral obligation to pay any judgment a jury awards against the two officers.”

Buhalo seeks unspecified damages. Kline also said no decision had been made about appealing Fullam’s ruling.

Fullam conceded that the Police Department “was not very well-run” and that many officers neglected their duties at the time Buhalo was assaulted.

“But that is a far cry from establishing that the city of Philadelphia had an official policy or practice of condoning police officers’ sexual assaults upon civilians,” the judge wrote is his four-page memorandum and order.