SAN FRANCISCO - After an alleged homophobic attack by San Francisco police officers, The City is preparing to settle a lawsuit out of court, but the officers involved in the case may never be fully investigated.

Andrew Marconi claims that three officers approached him when he went outside the Endup nightclub on April 18, 2005, to urinate. In his legal claim against The City, he states that Sgt. Jason Fox and officers Ian Furminger and Simon Chan uttered a series of anti-gay slurs at him.

San Francisco's Police Commission has approved an $83,000 tentative settlement to end a civil rights lawsuit brought by a man who claimed he had been assaulted by three police officers who yelled anti-gay slurs at him.

But in approving the deal commissioners chastised the department for dragging its heels in investigating the case and missing a deadline for filing charges against the officers.

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Marconi's friend, an off-duty Stockton police officer, witnessed the incident and pulled out his badge, prompting the officers to flee the lawsuit said. The officers denied any wrongdoing and the district attorney's office said there was not enough evidence to lay criminal charges.

An internal police investigation was not carried out, and because Marconi did not file an official complaint with San Francisco's Office of Citizen Complaints an independent investigation was not conducted. After a year the statute of limitations prevented any further action.

San Francisco's Police Commission has approved an $83,000 tentative settlement to end a civil rights lawsuit brought by a man who claimed he had been assaulted by three police officers who yelled anti-gay slurs at him.

The Rules Committee of the Board of Supervisors on Thursday approved an $83,000 settlement for Marconi