Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 4. Limitations of Actions » Article 3. Personal Actions Generally
Virginia Code

Va. Code Ann. § 8.01-243.2 (2026)

Limitations of actions by confined persons; exhaustion

✓ current as of May 2026
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No person confined in a state or local correctional facility shall bring or have brought on his behalf any personal action relating to the conditions of his confinement until all available administrative remedies are exhausted. Such action shall be brought by or on behalf of such person within one year after cause of action accrues or within six months after all administrative remedies are exhausted, whichever occurs later.

1998, c. 596; 1999, c. 47.

Notes of Decisions
Cited in 32 cases (17 in the last 5 years), 2000–2026 · leading case: Shelton v. Angelone, 148 F. Supp. 2d 670 (W.D. Va. 2001).
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Shelton v. Angelone, 148 F. Supp. 2d 670 (W.D. Va. 2001). · cites it 10× “However, all the defendants argue that plaintiffs claims are barred under a one year statute of limitations, Virginia Code § 8.01-243.2. The plaintiff sought to engage in discovery, but the court granted defendants’ motions for protective order, pending the court’s ruling on the…”
Billups v. Carter, 604 S.E.2d 414 (Va. 2004). · cites it 6× “The one-year statute of limitations applicable to the assault and battery count against Carter, Code § 8.01-243.2, also contains a requirement that "all available administrative remedies" be exhausted before a prisoner may sue, and further provides that the limitation period…”
Scott v. Clarke, 64 F. Supp. 3d 813 (W.D. Va. 2014). · cites it 5× “§ 1983 , not Virginia Code § 8.01-243.2). Moreover, Defendants’ statute of limitations argument wholly ignores the fundamental nature and substance of the Plain tiffs Eighth Amendment claim.”
Ogunde v. Commonwealth, 628 S.E.2d 370 (Va. 2006). · cites it 5× “9, is governed by the statute of limitations applicable to persons confined in state correctional facilities, as set forth in Code § 8.01-243.2, and not by the statute of limitations prescribed by Code § 8.”
William Battle, III v. J. Ledford, 912 F.3d 708 (4th Cir. 2019). “Va. Code Ann. § 8.01-243.2 provides: No person confined in a state or local correctional facility shall bring or have brought on his behalf any personal action relating to the conditions of his confinement until all available administrative remedies are exhausted.”
Alexander v. Gilmore, 202 F. Supp. 2d 478 (E.D. Va. 2002). · cites it 3× “Va.Code § 8.01-243.2. The incident giving rise to the Alexander’s state due process claim occurred on October 23, 1999.”
Gregory Allen Marlowe v. Sw. Virginia Reg'l Jail Auth. (Va. Ct. App. 2024). · cites it 61× “” The circuit court also denied Castle’s plea asserting that Marlowe’s claims were barred by the one-year statute of limitations under Code § 8.01-243.2. Marlowe appeals the circuit court’s ruling that his allegations failed to state a claim for gross negligence.”
Lucas v. Woody (Va. 2014). · cites it 83× “Allen, Judge Designate In this appeal, we consider whether a plaintiff who brings a personal injury action relating to the conditions of her confinement in a state or local correctional facility must be incarcerated at the time her cause of action is filed in order for the…”
Dawn Lewis Williams v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 28× “354 (2014), the Supreme Court considered the applicability of the statute of limitations period in Code § 8.01-243.2, which provides, “[n]o person confined in a state or local correctional facility shall bring or have brought on his behalf any personal action relating to the…”
Wilson v. Pamunkey Reg'l Jail Auth. (E.D. Va. 2024). · cites it 22× “Va. Code § 8.01-243.2 Virginia Code § 8.01-243.”
Bing v. Haywood (Va. 2012). · cites it 25× “Bruce Long, Judge In this appeal, we consider whether the Circuit Court for Middlesex County (the "trial court") erred when it granted, pursuant to Code § 8.01-243.2, the special plea of the statute of limitations filed by Teresa W.”
Dawn Lewis Williams v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 14× “Interpreting Code § 8.01-243.2, a statute outside the VTCA that imposes limitations on personal actions relating to conditions of confinement in local correctional facilities, the Supreme Court explained that someone cannot exhaust her administrative remedies unless she is…”
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