Bing v. Haywood, 722 S.E.2d 244

Bing was arrested on May 28, 2008, and confined at the Middle Peninsula Regional Security Center.
Bing alleged that a body cavity search, conducted by Haywood and Hodges under Bagby’s direction, was illegal and done without a court order.
Bing filed a three-count complaint in 2010 asserting assault and battery, unlawful search, and intentional infliction of emotional distress.
Defendants moved to dismiss on demurrer and for a statute of limitations plea under Code § 8.01-243.2, asserting a one-year limit for confinement-related actions.
The trial court sustained the statute of limitations plea and dismissed the complaint.
The issue on appeal is whether the one-year limitation applies to Bing’s pre-trial detainee claim or whether the two-year period should apply.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the one-year limit applies under Code § 8.01-243.2	Bing argues she was not confined or the claim does not relate to confinement.	Haywood asserts Bing was confined and the search related to confinement conditions.	One-year limit applies; Bing was confined and search related to confinement.

Billups v. Carter, 268 Va. 701 (2004) (two-year § 1983 actions; one-year for confinement-related claims under § 8.01-243.2)
Ogunde v. Commonwealth, 271 Va. 639 (2006) (Tort Claims Act; self-contained statute of limitations; confinement-related actions)
United States v. Robinson, 414 U.S. 218 (1973) (police search rationale in jail context; permissible search to prevent contraband)