Suffolk County has agreed to pay $9 million to settle a federal lawsuit filed by the mother of 8-year-old Thomas Valva, who froze to death in his father’s unheated garage in January 2020.
The agreement is expected to end a five-year legal battle brought by Justyna Zubko-Valva seeking justice for her son. Thomas’ father, Michael Valva, and his then-fiancée, Angela Pollina, were convicted of second-degree murder for forcing the child and his brother to sleep in the Center Moriches garage as temperatures plunged to 19 degrees.
The settlement, described in court filings as a “global agreement,” follows months of mediation ordered by Magistrate Judge Arlene Lindsay. The payout will require approval by the Suffolk Legislature.
Zubko-Valva, represented by attorney Thomas Bosworth, initially sought $200 million in damages. Bosworth called the case a “traumatic ordeal” for his client, adding, “While we can’t bring Thomas back, we hope this resolution will help protect other children.”
The 2020 lawsuit alleged that years of abuse were ignored despite repeated reports of neglect. Teachers testified during the murder trials that Thomas and his brother often arrived at school hungry, bruised, and shivering. After spending the night in the freezing garage, Thomas died when his father washed him off with an outdoor hose.
A special grand jury later criticized Suffolk’s Child Protective Services for deeming more than 10 abuse reports “unfounded,” shielding caseworkers from scrutiny. The county has since enacted reforms, including a “blind removal” process to reduce bias in child custody decisions.
Shaken by the tragedy, residents lit blue lights and tied ribbons in his memory. A bench now stands at the entrance of the East Moriches school attended by the brothers. County Executive Ed Romaine said he was personally affected by the case, noting that his grandchildren attended the same school as Thomas.