A police union says it has appealed against the firing of a white Cleveland officer who shot dead Tamir Rice, a 12-year-old black boy who was playing with a pellet gun.

Henry Hilow, an attorney for the Cleveland Police Patrolmen’s Association, and union president Jeff Follmer say the appeal challenging an arbitrator’s decision that Timothy Loehmann should remain fired was filed recently in Cuyahoga county.

Rice family attorney Subodh Chandra said in a statement it was “unfortunate” the union “continues to embrace lawlessness in law enforcement”.

Loehmann was cleared in Tamir Rice’s 2014 shooting but fired in 2017 for failing to disclose to Cleveland he had been forced out by another department. In December, the city’s arbitrator upheld the firing.

Cleveland spokesman Dan Williams said the city would not comment on ongoing litigation.