A man who sued four cops for $440 million, claiming they sodomized him in a Brooklyn subway, has been stuck with the defense lawyers’ bills after a jury cleared three of them of all charges yesterday.

The jury deadlocked on deciding if the fourth officer, Richard Kern, had sexually assaulted Michael Mineo on Oct. 15, 2008.

Brooklyn federal court judge Jack Weinstein ordered Kern to be retried.

Mineo, 25, claims that on Oct. 15, 2008, the officers tackled him to the ground after he ran to avoid being arrested, and that Kern pulled out a retractable baton and sodomized him with it.

Weinstein ruled that the accusations against officers Joel Jugraj, Alex Cruz and Andrew Morales were “patently frivolous,” and ordered Mineo to pay all legal fees and court costs, estimated by the cops’ lawyers to be more than $100,000.