A state appeals court threw out a $5 million verdict in an excessive-force case against the city, saying it should have been dismissed before reaching a Brooklyn jury.

The judicial panel overturned the verdict in favor of Demetrio Davila, who sued after tumbling down the stairs with one cop and getting punched in the face by another in 2005.

The panel found the officers didn’t use unreasonable force, noting the mentally ill Davila had punched one cop and resisted arrest prior to the tussle.

It also noted the cops are protected by qualified immunity.