Frederico Gonzalez v. Cheryl Pliler, Warden

California prisoner Frederieo Gonzalez appeals the dismissal of his petition for a writ of habeas corpus, arguing that forcing him to wear a stun belt during his trial violated his right of due process. We conclude that an evidentiary hearing is required to resolve this claim and remand the case to the district court.

I

A stun belt is an electronic device that is secured around a prisoner’s waist. Powered by nine-volt batteries, the belt is connected to prongs attached to the wearer’s left kidney region. When activated remotely, “the belt delivers a 50,000-volt, three to four milliampere shock lasting eight seconds.” Hawkins v. Comparet-Cassani, 251 F.3d 1230, 1234 (9th Cir. 2001). Upon activation of the belt, an electrical current enters the body near the wearer’s kidneys and travels along blood channels and nerve pathways. The shock administered from the activated belt “causes incapacitation in the first few seconds and severe pain during the entire period.” Id. “Activation may also cause immediate and uncontrolled defecation and urination, and the belt’s metal prongs may leave welts on the wearer’s skin requiring as long as six months to heal.” People v. Mar, 28 Cal.4th 1201…