Penn State has asked for a retrial on Mike McQueary’s defamation and misrepresentation case, claiming Judge Thomas Gavin showed bias toward McQueary throughout the trial.

A specially-presiding judge on Wednesday ruled in Mike McQueary’s favor on his claim that Penn State violated the state’s whistleblower law in its treatment of him and awarded the former Penn State football assistant coach an additional $5 million in damages.

Penn State requested Monday for a new judgment without consideration of the previous verdict, a new trial altogether, or for the judge to reduce the amount of damages decided upon in the jury verdict.