Mother of autistic boy who froze when his father made him sleep in garage can sue CPS for $200M

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The mom of an autistic boy who froze to demise when his NYPD father made him sleep on a garage flooring has been given the go-ahead to sue youngster protecting companies and college officers for $200million, a choose has dominated. 

Justyna Zubko-Valva claims she had warned youngster protecting companies and directors at her son’s faculty that the eight-year-old Thomas was being abused by his father. 

Her fears got here true on January 17, 2020, when Thomas froze to demise after his father, Michael Valva, locked him in a freezing garage as a type of punishment. Valva’s girlfriend, Angela Pollina, allegedly participated in the abuse.

Last week, an Eastern District of New York court docket superior Zubko-Valva’s lawsuit towards quite a few CPS officers for deliberate indifference, faculty officers from the East Moriches Union Free School District for wrongful demise claims, and a number of other attorneys for malpractice. 

Valva and Pollina have been charged with second diploma homicide in the demise, and are at present awaiting trial. The case noticed intensive delays because of the Covid-19 pandemic.   

Angela Pollina, Valva's girlfriend

Michael Valva (left) and Angela Pollina (proper), have been charged with second diploma homicide after Valva’s son Thomas froze to demise after being locking in his garage

Justyna Zubko-Valva holds up a picture of her son, Thomas, 8. She is suing Child Protection Services and Thomas' school for his death

Justyna Zubko-Valva holds up an image of her son, Thomas, 8. She is suing Child Protection Services and Thomas’ faculty for his demise

‘Forcing Tommy and Anthony [his brother] to sleep in subfreezing temperatures on a chilly, cement slab in the garage was so widespread in Mr. Valva and Ms. Pollina’s family that they referred to the garage because the ‘child’s room,” wrote U.S. District Judge Edward R. Korman in a 37-page ruling.

‘While the barbaric acts of Mr. Valva and Ms. Pollina are instantly accountable for Tommy’s demise, there may be an institutional actor that’s nearly as culpable,’ stated Korman.

Zubko-Valva claims that she offered Thomas’ faculty with proof spanning two years of alleged abuse by the hands of his father, starting from audio recordings, pictures, and medical data. 

‘Mrs. Valva was so nervous concerning the youngsters that she emailed the college’s principal that the kids have been in ‘monumental hazard of shedding their lives by Michael Valva and Pollina,’ the ruling reads. ‘In January 2018, Mrs. Valva alleges that ‘the School Defendants noticed clear, irrefutable proof that Tommy had been bodily overwhelmed and abused by Valva, with extreme bruising in his decrease backbone and buttocks space.” 

Thomas Valva, 8, who was autistic, died when his father locked him in his home's garage in January, 2020

Thomas Valva, 8, who was autistic, died when his father locked him in his residence’s garage in January, 2020

Zubko-Valva and her son Thomas before his death. Thomas' father was awarded custody of Thomas in 2017

Zubko-Valva and her son Thomas earlier than his demise. Thomas’ father was awarded custody of Thomas in 2017

 Valva was awarded custody of his two sons – each autistic – in 2017, however Zubko-Valva claims that Thomas’ faculty did nothing about her abuse allegations for a full yr after that. 

She claims she gave CPS a flash drive with 320 recordsdata of proof of abuse, which included transcripts of Valva instructing his sons to repeat  ‘mommy is imply,’ ‘I do not need to stick with mommy,’ ‘I do not love mommy.’

Zubko-Valva stated that Valva instructed CPS that she was the abusive father or mother, that she beat the children and poisoned them with ‘brown medicine.’

Michael Valva arriving in court in March, 2020, after his son froze to death in his garage in January of that year

Michael Valva arriving in court docket in March, 2020, after his son froze to demise in his garage in January of that yr

Angela Pollina, girlfriend of Michael Valva, appearing in court in March, 2020. She allegedly partook in the abuse of Thomas

Angela Pollina, girlfriend of Michael Valva, showing in court docket in March, 2020. She allegedly partook in the abuse of Thomas

She accused CPS of mendacity about their findings and fabricated proof to assist the father’s accusations.

Thomas’ mom stated that CPS discovered that he appeared ’emaciated,’ however that they closed their investigation into Valva 10 days earlier than their son died.  

The listing of defendants Zubko-Valva is suing is lengthy, and consists of Suffolk County CPS senior caseworker Michele Clark, CPS supervisor Edward Heepe, principal Edward Schneyer of the East Moriches School, and college superintendent Charles Russon. 

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