Mountainside is asking a judge to throw out an explosive sexual harassment lawsuit filed against the borough by five male police officers and a female dispatcher, partly on the grounds that alleged misconduct in the department -- including repeated displays of a large dildo -- was directed at both men and women.

The two attorneys for the plaintiffs are firing back, accusing Mountainside in their opposition brief of "presenting a frivolous argument that breaks new ground for absurd employment law defenses."

From left: Lt. Thomas Murphy, Chief Allan Attanasio, Detective Sgt. Andrew Huber (Mountainside police Facebook page)

Superior Court Judge Camille M. Kenny will hear arguments on both sides Monday at the Union County courthouse in Elizabeth.

The lawsuit against Mountainside was filed in May and has roiled the small municipality, whose police department has under two dozen officers.

It detailed alleged misconduct dating to 1998 that, in addition to the recurring displays of a dildo nicknamed "Big Blue" -- including one incident caught on video -- also purportedly included a laundry list of pranks involving nudity, homophobic games and racial slurs.

In seeking dismissal of the lawsuit, Mountainside attorney Christine A. Amalfe argued in a court filing that the suing officers didn't back up their claims of a hostile work environment due to sexual harassment and retaliation.

For example, the harassment couldn't be targeted toward the woman who sued, Amalfe said in the written statement, because the offensive officers targeted both men and women in the department.

"Taken as true for purposes of this motion only, the allegations establish that certain male officers were equally crude and vulgar to all employees, regardless of their sex," she wrote.

She also argued that only one of the six plaintiffs complained, some years ago, and that the plaintiffs failed to show that any were punished or otherwise retaliated against.

"The allegations in the complaint are troubling and scandalous and dismissal for failure to state a claim may be an unpopular outcome, especially given the eye-popping headlines and current climate concerning sexual harassment in the workplace," Amalfe wrote.

"However, the headlines and climate cannot direct the result in this case and the salaciousness of plaintiffs' allegations does not relieve them of their obligation to plead the legally-required factual bases to support the claims they have asserted," she concluded.

The plaintiffs' attorneys, Charles J. Sciarra and Matthew R. Curran, countered in their response that Mountainside's argument merely showed the offending officers were "equal opportunity or bisexual" harassers.

The attorneys charged that the borough's argument ran counter to a 1993 New Jersey Supreme Court ruling defining the parameters of a hostile work environment.

"Stated differently, Mountainside proposes that as long as (the offending officers) sexually harassed both men and women, plaintiffs have no rights," they wrote.

The lawsuit preceded the retirement in July of Police Chief Allan Attanasio, who was accused of not intervening, and led to the suspensions of two longtime officers linked to the reported misconduct. Detective Sgt. Andrew Huber retired in July while Lt. Thomas Murphy was hit with disciplinary charges and remains suspended without pay.

The six plaintiffs -- Officers Jeffrey Stinner, Christopher Feighner, Richard Latargia, Thomas Norton and James Urban, and part-time dispatcher Amy Colineri -- are seeking compensatory and punitive damages, among other remedies.

It is unclear if the judge will issue a decision at Monday's 9:30 a.m. hearing, or hold off on making a ruling.

Rob Jennings may be reached at rjennings@njadvancemedia.com. Follow him on Twitter @RobJenningsNJ. Find NJ.com on Facebook.