If I were the plaintiff's attorney, I'd file against the State of North Carolina. It weren't for nothing that the caption of the case was "People of the State of North Carolina v. [LAX players]." Nifong was an agent of the State in all this.
He was an employee of the county. I think the link to the state is tenuous. I would go after Nifong personally and the county as respondeat superior. And it is "the people" not "the state" versus the defendant. The wrondoing in this case was limited to the county level.
It makes no sense in adding additional defendants to cloud up the issue. You want one defendant not dozens. If you bring in a dozen defendants you get a dozen closing arguments against your case.
None of the three students are residents of North Carolina...so wouldn’t this fall under federal jurisdiction?