(dissenting).
In American Indian Agr. Credit v. Fort Pierre, 379 N.W.2d 318, 320 (S.D.1985) we expressed, inter alia, . summary judgment is an extreme remedy and should be awarded only when the truth is clear and reasonable doubts touching the existence of a genuine issue should be resolved against the movant”.
In a summary judgment case, all the evidence and every reasonable inference arising .therefrom must be viewed most favorably toward the nonmoving party. Here, the plaintiffs are to have all the evidence and every reasonable inference *289arising therefrom viewed most favorably towards them. Trapp v. Madera Pacific, Inc., 390 N.W.2d 558, 562 (S.D.1986).
To the absolute contrary, in this case, the moving party, the defendants, have had all of the evidence viewed most favorably towards them, the moving party.
One deposition and a host of conflicting affidavits all suggest that there are certainly factual issues to be tried by a jury. South Dakota Constitution, art. VI, § 6, begins with these words: “The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy, ..In Grigsby v. Larson, 24 S.D. 628, 124 N.W. 856 (1910) this Court held that said constitutional provision did preserve the right to a jury trial in those causes that were triable to a jury at common law.
There are affidavits and attached exhibits which reflect that the boy in question was enticed away from his home and his parents to live within the home of the Carters. SDCL 20-9-7 provides: “The rights of personal relation forbid: (2) The abduction or enticement ... of a child from a parent ...” There are showings, if viewed in a light most favorably toward the Mackintosh’s, establishing that the parents of the young lad insisted that he be home by 11:00 p.m., whereas the Carters participated in activities which kept him out into the early morning hours; appellee Kristina Carter, wrote to her boyfriend, Blake, around whom this controversy swirls, that he, Blake, should come and live “with my folks”. There is evidence establishing non-suicidal conduct and character of Blake. There is evidence to suggest that there was absolutely no emotional abuse of Blake. There is evidence to suggest that the Carters interfered with the parent/child relationship and alienated this young man from his parents. There is evidence, in this record, to suggest that the Carters inflicted, intentionally, emotional distress upon the Mackintosh’s, apparently out of a desire to condone the relationship of their daughter with Blake. Mackintosh’s had a right to raise their son. A factual question arises as to whether Carters interfered with that right.
In Proverbs 19:18, it is written: “Chastise your son while there exists hope”.
When the evidence is viewed in a light most favorable to the Plaintiffs, it appears Blake had a good and nourishing childhood. This entire episode was instantly created when Blake failed to come home for dinner on 3 successive nights. As Blake’s involvement with the Carter’s daughter intensified, his absence from home became more commonplace. Carters seemed to encourage the relationship and the absences of Blake from his home. Mackintoshes “grounded” Blake, their son, whereupon the record suggests the Carters encouraged Blake to break his curfew and to condone (at their home) his relationship with an adult college student.
Under SDCL 26-10-14, Carters are “immune” if they file a report if it is “in good faith.” There is a legitimate, honest, and real factual issue as to the Carter’s “good faith.” Is it “good faith” to woo a child into delinquency? A factual question arises, under the totality of these facts, regarding the immunity of the Carters.*
Dr. Carter used his office to influence the Department of Social Services by using a letterhead of the South Dakota School of Medicine. In said letter, he accused the parents of Blake of inflicting a significant degree of emotional abuse for a period of several years. His wife, Sondra, delivered the highly damaging letter to said department. Surely, this raises a question of malice (for a jury to decide) under all of the circumstances.
In my opinion, the State here strikes most emphatically against the family. Civilizations rise and fall according to the na*290ture of family life and foundational structures. The family is central to the organization and foundation of the Christian social order. In Ephesians 6:1-3 we find: Children obey your parents in the Lord for this right. Honor your father and mother.
Blake did not obey his parents. He did not honor his father and mother (at least there is a factual question). And Carters upheld him. Under Ruple v. Brooks, 352 N.W.2d 652, 654 (S.D.1984) a factual question exists for the jury to determine if there was extreme and outrageous conduct either intentionally, or recklessly, causing severe emotional distress.
There appears to be no doubt that the parents of this young man were brought into public discredit and were forced to appear in termination of parental right proceedings (which were dismissed) and that their good name and reputation was brought into question in the City of Sioux Falls. I perceive the Carters’ position to be that the parents brought this upon themselves by raising this lad under false teachings. If they did or did not, should be decided by a jury under these facts.