Princeton Borough Police Department issues an apology to female motorcyclist
By: Katie Wagner
A Lawrence motorcyclist, who said she was forced to relieve herself behind a tree because a Princeton Borough police officer ignored her pleases to use a bathroom said she intends to file a $5 million lawsuit.
Linda Fahmie, 50, said Wednesday that her suit against the borough, the police department and the patrol officer, Adam Basatemur, will cite infliction of emotional distress, violation of privacy and other personal damages.
Ms. Fahmie, who lives on Route 206, said she was returning home on her motorcycle from a Chinese restaurant in Princeton the night of April 30 when she suddenly felt an urgent need to use a restroom due to colitis. Shortly thereafter Patrolman Basatemur stopped her for speeding, Ms. Fahmie said.
After showing the patrolman her license, Ms. Fahmie explained that she could not wait any longer to use a bathroom due to her medical condition and asked Patrolman Basatemur to follow her home and wait for her to relieve herself before continuing with ticketing procedures, she said.
Patrolman Basatemur, however, was not amenable to Ms. Fahmie’s request and told her that she could either relieve herself behind a tree or leave and be arrested, she said.
"He didn’t even want to hear about it (her condition)," Ms. Fahmie said. "The more I talked to him, the more arrogant and abusive he got."
Ms. Fahmie said she called Samuel Sachs, a friend and attorney, to ask for advice. Mr. Sachs called the police department and requested that the officer in charge allow Ms. Fahmie to go to her home to use a bathroom.
Mr. Sachs said he was told that Patrolman Basatemur was actually the officer in charge that night.
Ms. Fahmie said the patrolman next called the ambulance, despite her insistence that all she needed was a bathroom. When the ambulance arrived, too late to help her in her plight, Officer Basatemur finally gave her permission to go home, she said.
Borough Police Chief Anthony V. Federico said a member of the police department viewed a video recording of the motor vehicle stop and brought the incident to the department’s attention. The chief said an investigation began May 1.
Some time after the incident, Ms. Fahmie said, she made a statement to Lt. Nicholas Sutter about the motor vehicle stop and was shown the video recording.
Ms. Fahmie said she was disgusted to see Officer Basatemur watching her while she was squatting behind the tree with her pants down, something she had not realized at the time of the incident.
"I am profoundly emotionally distraught and distressed and deeply embarrassed," Ms. Fahmie said in her claim. "The thought of what the officer made me do causes me constant great distress."
In an apology letter to Ms. Fahmie printed on police letterhead, dated May 15, Chief Federico said the speeding charge that had been issued to Ms. Fahmie would be dismissed "in light of the circumstances of the matter." The letter also referred to Patrolman Basatemur’s manner of treating Ms. Fahmie as "inexcusable" and "unprofessional."
The chief added, "I cannot begin to tell you how upset I became after I reviewed this investigation. The officer clearly displayed a total lack of judgment in this matter."
Chief Federico declined to describe what the tape revealed and said he did not know of any calls made to the police department regarding the vehicle stop on the night of April 30. He said Patrolman Basatemur served a 60-day unpaid suspension and is back on duty. The chief declined to provide the dates of the suspension.
Officer Basatemur, who joined the department in 1998, had no prior suspensions, said Borough Attorney Mr. Herbert. The officer received a meritorious service medal for his work as a police officer, according to a report published in The Packet on May 30, 2004. Officer Basatemur did not return a phone call seeking comment on the incident.
"The borough police were very aggressive in terms of investigating the matter, Mr. Herbert said. "The original intent was to discharge him and terminate him."
Patrolman Basatemur’s years of good service and acknowledgement that what he did was wrong were factors taken into account in the decision not to fire him, Mr. Herbert said.
He added, "It was a very severe suspension two months without pay is quite harsh."
In addition to the suspension, Mr. Herbert said, Patrolman Basatemur underwent counseling and close observation by the police department upon return.
"This should never have happened. It was wrong," Mr. Herbert said. However, as far as the borough is concerned, "there’s no liability on the part of the borough. Obviously, anybody’s free to file a lawsuit but that doesn’t mean anything."
Ms. Fahmie said she wants this case "to have full attention of everybody that could potentially be involved with managing how these people operate.
"These situations are not new and they continue to happen and they shouldn’t. It’s not like it was just a mistake," she said.
Mr. Herbert said Ms. Fahmie must wait 90 days from July 13, the date her notice of her claim was received by the borough, to file suit.

