FOUNTAIN HILL, Pa. -

A controversial cop who's back on the beat in Lehigh County is taking his case back to the courtroom.

Fountain Hill Officer Grady Cunningham was fired in February after a video surfaced showing him choking a handcuffed suspect and throwing him to the ground.

The police union took the case to arbitration and the arbitrator determined that Cunningham should get his job back.

He was re-instated last month and had to undergo retraining.

But now borough officials say Cunningham has filed a petition asking the court to vacate a provision in the arbitrator's decision.

The clause in question states that Cunningham will be terminated if he's caught using excessive force again.

There's no word on when the court will rule on the matter.