PROVIDENCE, R.I. (AP) — An officer convicted of assault for kicking and kneeling on a handcuffed man is still on the force because a Rhode Island law prohibits his firing as long as the court case is ongoing.

Providence police Sgt. Joseph Hanley was convicted of simple assault last week but appealed the conviction on Friday.

The Law Enforcement Officers Bill of Rights, a Rhode Island law, prohibits the department from applying administrative action to an officer before the end of any court proceedings.

Hanley is still on the force, though he is suspended and not being paid, the Providence Journal reported Tuesday.

Hanley was convicted of misdemeanor simple assault for punching, kicking and kneeling on the head of Rishod Gore, 28, of East Providence, as he lay on the ground last April. Gore was arrested and charged with disorderly conduct when police responded to a call about a domestic dispute. The charges were later dropped.

Video showing Hanley kneeling and hitting Gore during the arrest was released by José Batista, who was the executive director of Providence police’s civilian oversight board. The board had voted against releasing the video, and later, fired José Batista for leaking it.

On Tuesday, Batista filed a federal lawsuit against the city claiming it violated his free speech and due process rights when the board fired him.

More than a dozen states have Law Enforcement Officers’ Bill of Rights statutes, many of which also include protections like a cooling off period that allows officers involved in shootings to wait several days before they speak with investigators.

Public Safety Commissioner Steven Paré told the newspaper he could not comment on the conviction or appeal under the officers’ bill of rights.

The city’s lawyer, Vincent F. Ragosta Jr., said that administrative charges seeking Hanley’s termination have been filed, but are automatically stayed until the criminal case is resolved.