# Arthur v. King > Court of Appeals for the Eleventh Circuit · September 21, 2007 · 500 F.3d 1335 URL: https://www.frixlaw.com/law-library/cases/9416086 ## Case - **Full name:** Thomas D. ARTHUR, Plaintiff-Appellant, v. Troy KING, Attorney General for the State of Alabama, in His Official Capacity, Bryce U. Graham, Jr., District Attorney for Colbert County, in His Official Capacity, Ronnie May, Sheriff for Colbert County, in His Official Capacity, M. David Barber, District Attorney for Jefferson County, in His Official Capacity, Defendants-Appellees - **Court:** Court of Appeals for the Eleventh Circuit - **Decided:** September 21, 2007 - **Citations:** 500 F.3d 1335; 2007 U.S. App. LEXIS 22533; 2007 WL 2744884 - **Precedential status:** Published - **Opinion:** Concurrence by Barkett - **Judges:** Birch, Black, Barkett - **Cited by:** 635 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9416086 ## How later opinions describe it (automated extraction) - explaining that a Rule 59(e) motion cannot be used to relitigate matters that already have been considered or to raise arguments or present evidence that could have been raised before the judgment was entered - explaining that Rule 59(e) motions may not be “used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment” (citation modified) - stating a motion to alter or amend a judgment may not be used “ ‘to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment’ ” - explaining that, in an appeal from a Rule 12(b)(6) dismissal, we must “accept[ ] the complaint’s allegations as true and constru[e] them in the light most favorable to the plaintiff” - noting that a motion to alter or amend a judgment, a filing analogous to a motion for a new trial, may not be used to relitigate old matters, raise new arguments, or present evidence that could have been raised prior to the entry of judgment ## Opinion text BARKETT, Circuit Judge, concurring in result: I agree that Arthur is not legally entitled to relief on this claim. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9416086. Public record. Not legal advice.