Settlement reached in suit over 8-year-old’s freezing death by ex-cop dad

A settlement has been reached in a federal civil lawsuit filed by Justyna Zubko-Valva against Suffolk County, related to the 2020 death of her 8-year-old son, Thomas Valva, who authorities say was murdered after being kept in a freezing garage by his father, former NYPD officer Michael Valva, and his fiancée, Angela Pollina. The suit also named the county’s school district and child protective services, alleging persistent failures to protect Thomas despite repeated complaints by Zubko-Valva. The terms of the global settlement were not disclosed, and the agreement has not yet been signed by a judge, who ordered both sides to file a mediation report by Oct. 8. The Suffolk County Legislature must approve the settlement before it becomes final.

Thomas died in January 2020 after being left outside in freezing temperatures for as long as 16 hours, with the mercury dipping to 19 degrees, while his 10-year-old brother survived. Valva, a 15-year veteran of the NYPD at the time, and Pollina were convicted of murder and are serving 25 years to life in prison. In the civil case, Zubko-Valva claimed she repeatedly alerted authorities about abuse and torture suffered by her children, but CPS, the school district and the county did not intervene. Last year, a Suffolk County District Attorney’s Office report concluded that 11 CPS reports about the family were filed before Thomas’s death and were categorized as unfounded, remarks echoed by DA Ray Tierney as an indictment of CPS’s handling of the case.

Throughout this year, mediation sessions between Zubko-Valva’s attorneys and county representatives proceeded, with the legal team noting that a 2023 offer of $3 million to resolve the case against all defendants had been rejected. They have indicated in court filings that discussions included the possibility of a settlement around $10 million, though final figures were not disclosed as part of the ongoing talks. The judge’s order to file a mediation report by Oct. 8 remains in place, and final approval requires action by the Suffolk County Legislature in addition to the court’s sign-off.

Representatives for Zubko-Valva described the litigation as emotionally draining for the family but said the resolution could serve as a catalyst for reforms aimed at protecting children. A spokesperson noted that the settlement, once approved, would be a step toward broader reforms in how agencies respond to abuse concerns and how such cases are handled in the future. The firms representing Zubko-Valva—Liakas Law and Bosworth DeAngelo—said they cannot disclose the settlement figure until the necessary legislative approvals are obtained. A lawyer for Suffolk County declined to comment Thursday.

The case has drawn attention to the oversight and disclosure of Child Protective Services records. DA Tierney’s office has argued for reforms to allow the unsealing of records in suspected abuse cases for grand juries and law enforcement review, a stance echoed by advocates seeking greater transparency in child welfare investigations. While the civil settlement does not revive the deceased child, proponents say the outcome could influence policy discussions in Albany and local government about how agencies share information that could prevent future tragedies.

The family’s legal team emphasized that the tragedy spurred conversations about preventing similar harm to other children, and that the settlement is intended to push for system-wide improvements. The Suffolk County Legislature’s approval is a critical step before the agreement becomes binding, after which the family hopes to turn attention to reforms that might help other families facing similar struggles. The case remains a stark reminder of the stakes involved when protective services and allied agencies are perceived as failing to intervene in dangerous situations.