Native American activist and actor Russell Means has gone to court over a Black Hills fishing protest.

Prosecutors charged Means for fishing without a license after an August protest at Sheridan Lake.

Means responded by filing a federal lawsuit, asking for a preliminary injunction.

He argues that the charge is a violation of the 1851 Fort Laramie Treaty.

Means makes the same argument about his January citation for driving with a suspended license in Tripp County.

Under the treaty, Means says the Sioux did not surrender their hunting, fishing and traveling privileges in western South Dakota to the federal government.